Opinion
05-24-01048-CV
10-09-2024
SHEREEF KAMEL, Appellant v. LINDSAY ZACHARKO, Appellee
On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-04736-2024
ORDER
BILL PEDERSEN, III JUSTICE
Before the Court is appellant's October 8, 2024 motion to abate the appeal for findings of fact and conclusions of law. The trial court conducted a hearing on August 13, 2024 and signed an order granting appellee's application for a temporary injunction on the same date. Appellant filed a timely request for findings of fact and conclusions of law on August 23, 2024. See Tex. R. Civ. P. 296 (request due within twenty days of judgment). The trial court failed to file the requested findings and conclusions within twenty days as required by rule 297 of the rules of civil procedure, see id. 297. Appellant filed a notice of past due findings and conclusions on September 13, 2024. The notice of past-due findings and conclusions was filed one day late. See id. (past-due notice due within thirty days of original request). Because appellant failed to file a timely notice of past-due findings of fact and conclusions of law, he has waived his request for findings of fact and conclusions of law. See Potter v. Mullen, No. 05-04-00014-CV, 2005 WL 1316122, at *2 (Tex. App.-Dallas June 3, 2005, pet. denied) (mem. op.). Accordingly, we DENY appellant's motion.