Opinion issued August 2, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00631-CV ——————————— IN RE MICHAEL FRANCIS PALMA, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator Michael Francis Palma filed a petition for a writ of mandamus complaining of Judge Bennett’s October 9, 2009 order sustaining the contest to Palma’s affidavit of indigence in the underlying lawsuit.1 Palma has an adequate remedy by appeal by filing a motion challenging the order. See TEX. R. APP. P. The Honorable Al Bennett, judge of the 61st District Court of Harris County, Texas. The underlying lawsuit is Houston Indep. Sch. Dist. v. Palma, No. 2006-14382 (61st Dist. Ct., Harris County, Tex.). The petition was originally filed under case number 01-09-00872-CV.

20.1(j)(1); In re Arroyo, 988 S.W.2d 737, 739 (Tex. 1998). Palma filed such a motion in the appeal on May 8, 2012, which the Court has granted and recognized his indigence.

Accordingly, we deny the petition for a writ of mandamus. See Arroyo, 988 S.W.2d at 739.

PER CURIAM

Panel consists of Justices Higley, Sharp, and Huddle.