IN THE
TENTH COURT OF APPEALS
No. 10-21-00167-CV
IN THE MATTER OF THE MARRIAGE OF
JAMES VAUGHN IV AND AMBER VAUGHN
From the 369th District Court
Leon County, Texas
Trial Court No. CV20-0222
ABATEMENT ORDER
On July 14, 2021, Appellant James Vaughn IV (James) filed a notice of appeal.
James did not pay the filing fee at that time.
On July 28, 2021, James filed with this Court a Statement of Inability to Afford
Payment of Court Costs. On August 12, 2021, this Court issued an order concluding that
James “may proceed with this appeal without payment of costs in this Court, including
the $205.00 filing fee.” See TEX. R. APP. P. 20.1(a) (defining “costs” as “filing fees charged
by the appellate court”); id. R. 20.1(c) (“An appellate court may permit a party who did
not file a Statement of Inability to Afford Payment of Court Costs in the trial court to
proceed without payment of costs.”). On August 13, 2021, James filed with the trial court
the same Statement of Inability to Afford Payment of Court Costs.
On November 19, 2021, Appellee Amber Vaughn (Amber) filed with this Court a
sworn “Motion to Require Payment of Costs Pursuant to Rule 145 of the Texas Rules of
Civil Procedure and Rule 20 of the Texas Rules of Appellate Procedure.” The motion
remains pending. That same day, Amber also filed in the trial court a sworn “Motion to
Require Payment of Costs Pursuant to Rule 145 of the Texas Rules of Civil Procedure,”
contesting James’s alleged inability to afford payment of court costs.
Following a hearing on January 27, 2022, the trial court signed on February 7, 2022,
an “Order on Motion for Payment of Costs Under TRCP 145.” The order states in relevant
part:
After considering the motion, response, pleadings, evidence and the
arguments of counsel, the court is of the opinion the Motion for Payment of
Costs by James R. Vaughn, IV is well founded and that James R. Vaughn IV
could afford to pay costs at the time each costs [sic] as defined by Rule
145(a) of the Texas Rules of Civil Procedure was incurred.
THEREFORE, IT IS ORDERED that James R. Vaughn, IV pay all costs
incurred by him in the total amount of $1,825.33 as set forth on the attached
Bill of Costs within 30 days from the entry of this Order.
IT IS FURTHER ORDERED that James R. Vaughn, IV pay all future
costs at the time such costs is [sic] incurred.
The order does not contain an attached “Bill of Costs.”
On February 16, 2022, James timely filed a “Motion for Appellate Review” in this
Court in accordance with Rule of Civil Procedure 145(g), challenging the trial court’s
In re Marriage of Vaughn Page 2
order. See TEX. R. CIV. P. 145(g). And we have now received the record of all trial court
proceedings on James’s claim of indigence. See id. R. 145(g)(3).
James first argues in his motion that the trial court’s order violates Rule of Civil
Procedure 145(f)(2) because the order does not contain detailed findings of fact
supporting that he can pay costs. We agree. Rule of Civil Procedure 145(f)(2) states: “An
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). Here, the trial court made no
findings of fact in its order or otherwise to support its conclusion that James can afford
to pay costs.
We therefore abate this cause to the trial court to make the findings required by
Rule of Civil Procedure 145(f)(2) within 49 days of the date of this Order.
The trial court clerk is ORDERED to file a supplemental clerk’s record containing
the trial court’s findings within 56 days of the date of this Order.
PER CURIAM
Before Chief Justice Gray and
Justice Smith
Order issued and filed August 4, 2022
RWR
In re Marriage of Vaughn Page 3