Opinion
05-21-00965-CV
01-25-2022
GALOVELHO, LLC, Appellant v. GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THESTATE OF TEXAS; COLLIN COUNTY, TEXAS, ANDCITY OF FRISCO, TEXAS, Appellees
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-02595-2020
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
This is an appeal from the trial court's order granting appellees' pleas to the jurisdiction and dismissing appellant's claims with prejudice. Before the Court is appellant's January 12, 2022 motion to abate and order the trial court to prepare findings of fact and conclusions of law or in lieu thereof, motion to extend time to file its brief. Although in a jurisdictional letter brief the "State appellees" acknowledged "incorporat[ing] factual support outside of the Petition in its Plea to the Jurisdiction," appellee Collin County, Texas has filed a written opposition to the motion to abate, asserting findings are not required because judgment was rendered as a matter of law. Appellees Greg Abbott, in his official capacity as Governor of the State of Texas, and the City of Frisco also oppose the motion to abate but have not filed a response.
We GRANT the motion as follows. We SUSPEND the briefing deadline and ORDER the Honorable Jennifer Edgeworth, Presiding Judge of the 219th Judicial District Court, to make findings of fact and conclusions of law in accordance with Texas Rule of Civil Procedure 297 no later than February 14, 2022. We further ORDER any request for specified additional or amended findings or conclusions be made by February 24, 2022 and any additional or amended findings and conclusions, or written verification additional findings are not appropriate, be filed by March 7, 2022. The trial court's findings of fact and conclusions of law, any request for additional or amended findings and conclusions, and any additional or amended findings and conclusions or verification shall be filed in a supplemental clerk's record with this Court no later than March 11, 2022.
We DIRECT the Clerk of this Court to send a copy of this order by electronic transmission to Judge Edgeworth; Collin County District Clerk Lynne Finley; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than March 16, 2022 and a new deadline for appellant's brief will be set upon the filing of the supplemental records.