John Mason Hughes v. Easy Street Capital, LLC; Russell Frost, Trustee; Hornet Capital, LLC; And Patrick E. Hudson, Trustee

• Court: Texas Court of Appeals, 3rd District (Austin)
• Decided: April 29, 2026
• Docket: 03-26-00199-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00199-CV

John Mason Hughes, Appellant

v.

Easy Street Capital, LLC; Russell Frost, Trustee; Hornet Capital, LLC; and Patrick E. Hudson, Trustee, Appellees

FROM THE 459TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-18-005944, THE HONORABLE MAYA GUERRA GAMBLE, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant John Mason Hughes, acting pro se, filed a combined motion for

extension of time to file his brief, request for supplementation of the record, and “Motion for

Exemption from Future Appellate Costs.” His motion states that he filed a “sworn and true

financial statement” in the district court on January 2, 2026, and he requests “an exemption from

any and all future payments or costs associated with this appeal, including but not limited to any

additional clerk’s record supplementation, reporter’s record costs, or briefing-related fees.”

However, the record contains neither a sworn financial statement nor a statement of inability to

afford payment of court costs. See Tex. R. Civ. P. 145(b). And Hughes has been paying his

appellate filing fees. Under Texas Rule of Civil Procedure 145, a party is exempt from paying court

costs if the party files a statement of inability to afford payment of court costs, or another sworn

document containing the same information, unless certain procedural requirements have been

met. Id. R. 145(f). First, “[t]he declarant must not be required to pay costs without an oral

evidentiary hearing” and must be given notice of the hearing. Id. R. 145(f)(1). Additionally, any

“order requiring the declarant to pay costs must be supported by detailed findings that the

declarant can afford to pay costs.” Id. R. 145(f)(2). Further, any “order requiring the declarant

to pay costs must state in conspicuous type: ‘You may challenge this order by filing a motion in

the court of appeals within 10 days after the date this order is signed. See Texas Rule of Civil

Procedure 145.’” Id. R. 145(f)(4).

Thus, we abate this appeal and remand this case to the trial court for the requisite

evidentiary hearing determining whether Hughes is unable to pay. See id. R. 145(b); Wilson

v. Ditech Fin., LLC, No. 03-21-00100-CV, 2021 WL 2385430, at *1 (Tex. App.—Austin

June 11, 2021, no pet.) (per curiam) (mem. op.) (following similar procedure). The trial court

must give the parties at least ten days’ notice of the hearing. After the hearing, the trial court is

directed to enter an order stating one of the following: (1) that Hughes is required to pay all the

court costs and the appeal bond, (2) that Hughes is required to pay the part of the court costs and

appeal bond that he can afford to pay, or (3) that Hughes is not required to pay court costs or the

appeal bond. If the trial court orders Hughes to pay all or some of the court costs and the appeal

bond, the trial court is further directed to include in its order detailed findings supporting its

ruling and the Rule 145(f)(4) admonishment.

A reporter’s record of the hearing shall be prepared and filed in the record of this

appeal, and the trial court shall prepare a supplemental clerk’s record containing its order. The

2 reporter’s record and supplemental clerk’s record must be filed by May 29, 2026. The appeal

will be reinstated when those supplemental records are filed.

It is ordered on April 29, 2026.

Before Chief Justice Byrne, Justices Theofanis and Ellis

Abated and Remanded

Filed: April 29, 2026