John Mason Hughes v. Easy Street Capital, LLC; Russell Frost, Trustee; Hornet Capital, LLC; And Patrick E. Hudson, Trustee
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledMay 26, 2026
Docket03-26-00199-CV
StatusPublished
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Full 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
SUPPLEMENTAL ORDER AND MEMORANDUM OPINION
PER CURIAM
We abated this appeal and remanded this case to the trial court for an evidentiary
hearing determining whether Hughes is unable to pay costs. See Tex. R. Civ. P. 145(b).
Appellee Hornet Capital has filed a motion to extend the abatement period for three months in
the interest of judicial economy so that the trial court may also determine the parties’ dispute
over post-judgment-discovery directed to the proper amount of Hughes’s supersedeas bond or
deposit. See Tex. R. App. P. 24.2(c)(2). Hughes’s motion to quash concedes that Hornet
Capital’s discovery addresses “the exact same subject” as the motion that Hughes filed with this
Court seeking exemption from payment of costs in this appeal.
We grant the motion and extend the abatement of this appeal. The reporter’s
record and supplemental clerk’s record with the trial court’s detailed findings and order
determining whether Hughes is unable to pay costs must be filed by August 24, 2026. See Tex.
R. Civ. P. 145(f). The appeal will be reinstated when those supplemental records are filed.
It is ordered on May 26, 2026.
Before Chief Justice Byrne, Justices Theofanis and Ellis
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