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MEMORANDUM OPINION
No. 04-09-00025-CV
IN RE KRISTOFER THOMAS KASTNER
Original Mandamus Proceeding1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: January 28, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On January 12, 2009, relator Kristofer Thomas Kastner filed a petition for writ of mandamus
challenging the trial court’s order sustaining the contest to his appellate affidavit of indigence. The
court has considered relator’s petition, and is of the opinion that relator is not entitled to the relief
sought because he has an adequate remedy by appeal. See TEX . R. APP . P. 20.1; TEX . CIV . PRAC. &
REM . CODE ANN . § 13.003 (Vernon 2002); see also In re Arroyo, 988 S.W.2d 737, 738 (Tex. 1998)
(per curiam) (mandamus relief is not available because an adequate remedy by appeal exists for
… This original proceeding arises out of Cause No. 2008-CI-12370, styled Kastner v. Martin, Drought &
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Torres, Inc., et al., pending in the 57th Judicial District Court, Bexar County, Texas, the Honorable Michael Peden
presiding.
04-09-00025-CV
challenging an order sustaining a contest to an affidavit of indigence).2 Accordingly, relator’s
petition for writ of mandamus is denied. See TEX . R. APP . P. 52.7(a), 52.8(a). Relator shall pay all
costs incurred in this proceeding.
PER CURIAM
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… In fact, relator currently has an appeal of the trial court’s indigency ruling pending in this court, Appeal
No. 04-08-00779-CV, and his appellant’s brief on that matter is due on January 22, 2009.
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