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Josiah Reed Burns v. Lindsey Brooke Rowe
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00744-CV
Josiah Reed Burns, Appellant
v.
Lindsey Brooke Rowe, Appellee
FROM THE 483RD DISTRICT COURT OF HAYS COUNTY NO. 22-0845, THE HONORABLE ALICIA KEY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Josiah Reed Burns filed a motion with this Court challenging the trial court’s order finding him not indigent. See Tex. R. Civ. P. 145 (“Payment of Costs Not Required”); see also Tex. R. App. P. 20.1 (providing procedure for establishing inability to pay court costs on appeal). Determining that the trial court failed to make detailed findings of fact to support its order, we remanded the case to the trial court and ordered it to make such findings. See Tex. R. Civ. P. 145(f)(2) (detailed findings required); see also Bell v. Bell, No. 03-24-00597-CV, 2024 WL 5241044, at *1 (Tex. App.—Austin Dec. 23, 2024, no pet.) (per curiam) (mem. op.) (noting prior abatement and direction to trial court to issue sufficiently detailed findings when initial findings did not comply with Rule 145); McFadden v. Webb, No. 03-23-00572-CV, 2024 WL 149293, at *1 n.1 (Tex. App.—Austin Jan. 12, 2024, no pet.) *2 (per curiam) (mem. op.) (same). On December 10, 2025, the trial court made such findings, and a supplemental clerk’s record was filed with this Court containing said findings.
Having reviewed the motion, the clerk’s record, including the supplemental record containing the December 10, 2025 findings, and the reporter’s record from the indigency hearing, we cannot conclude that the trial court’s order constitutes an abuse of discretion. See Basaldua v. Hadden, 298 S.W.3d 238, 241 (Tex. App.—San Antonio 2009, no pet.) (reviewing trial court’s order sustaining contest to indigency under abuse-of-discretion standard); see also Bui v. Beck & Co. Real Estate Servs., Inc., No. 03-16-00882-CV, 2017 WL 279615, at *2 (Tex. App.—Austin Jan. 19, 2017, no pet.) (per curiam) (mem. op.) (same). Accordingly, we deny appellant’s motion. See Tex. R. Civ. P. 145(g)(4); Schultz v. Schultz, No. 03-23-00075-CV, 2023 WL 3512081, at *1 (Tex. App.—Austin May 18, 2023, no pet.) (per curiam) (mem. op.).
__________________________________________ Rosa Lopez Theofanis, Justice
Before Justices Triana, Kelly, and Theofanis Filed: January 23, 2026