Opinion
No. 04-09-00025-CV
Delivered and Filed: January 28, 2009.
Original Mandamus Proceeding.
PETITION FOR WRIT OF MANDAMUS DENIED.
Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
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 challenging an order sustaining a contest to an affidavit of indigence). 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.