Opinion
No. 05-17-00961-CV
10-04-2017
BRIAN E. VODICKA, Appellant v. MICHAEL B. TOBOLOWSKY, Appellee
On Appeal from the 14th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-08135
ORDER
By order dated July 25, 2017, the trial court granted appellee's contest to appellant's affidavit of indigence. "An order requiring the declarant to pay costs must be supported by detailed findings that the declarant can afford to pay costs." TEX. R. CIV. P. 145(f)(6). The trial court's July 25th order lacks the required detailed findings. Accordingly, on the Court's own motion, we ORDER the Honorable Donald J. Cosby, sitting by assignment for the 14th Judicial District Court, to make detailed findings that appellant can afford to pay costs. See id.; Koehne v. Koehne, No. 01-17-00016-CV, 2017 WL 2375789, at *1 (Tex. App.—Houston [1st Dist.] June 1, 2017, no pet.).
We ORDER Felicia Pitre, Dallas County District Clerk, to file, by October 18, 2017, a supplemental clerk's record containing the trial court's written findings.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Cosby, Ms. Pitre, and all parties.
We ABATE this appeal to allow the trial court to comply with this order. The appeal will be reinstated on October 18, 2017 or when the requested supplemental clerk's record is filed, whichever occurs sooner.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE