Opinion
05-23-00574-CV
06-30-2023
MRT OF KEMP TX- SNF, LLC, Appellant v. LLOYD DOUGLAS ENTERPRISES, LC, ET AL., Appellees
On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 105670-86
ORDER
LEE GOLDSTEIN JUSTICE
Before the Court is appellant's June 12, 2023 motion to abate the appeal and order the trial court to make findings of fact and conclusions of law, appellees' response opposing the motion, and appellant's reply. The trial court conducted a bench trial and signed the appealed judgment on March 17, 2023. Appellant filed a timely request for findings of fact and conclusions of law on March 21, 2023. 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, and, on April 12, 2023, appellant filed a notice of past due findings and conclusions, see id. (past-due notice due within thirty days of original request). To date, the trial court has not filed any findings and conclusions.
When, as here, a trial court conducts a bench trial and a request for findings of fact and conclusions of law and past-due notice are timely filed, the trial court must file written findings and conclusions. See id. 296, 297; Gen. Elec. Cap. Corp. v. ICO, Inc., 230 S.W.3d 702, 711 (Tex. App.-Houston [14th Dist. 2007, pet. denied).
Accordingly, we GRANT appellant's motion and ORDER the Honorable Casey Blair, Presiding Judge of the 86th Judicial District Court, to make findings of fact and conclusions of law in accordance with Texas Rule of Civil Procedure 297 no later than July 31, 2023. We further ORDER any request for specified additional or amended findings or conclusions be made by August 10, 2023 and any additional or amended findings and conclusions, or written verification additional findings are not appropriate, be filed by August 21, 2023. 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 August 28, 2023.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Blair; Kaufman County District Clerk Rhonda Hughey; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated on August 30, 2023 or when the requested supplemental clerk's record is filed, whichever occurs sooner.