Opinion
05-23-00135-CV
07-14-2023
DIANE PIWKO, Appellant v. STACEY ACEVEDO, Appellee
On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-05314-2019
ORDER
KEN MOLBERG JUSTICE
This appeal follows a bench trial. On November 29, 2022, fourteen days after the trial court signed its judgment, appellant filed a request for findings of fact and conclusions of law. 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 December 28, 2022, 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, and appellant now moves to abate the appeal and direct the trial court to do so.
When, as here, a case is tried before the bench 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; Cherne Indus., Inc. v. Magallanes, 763 S.W.2d 768, 772 (Tex. 1989). Accordingly, we GRANT appellant's motion and ORDER the Honorable Ray Wheless, the presiding judge, to make findings of fact and conclusions of law in accordance with Texas Rule of Civil Procedure 297 no later than August 3, 2023. We further ORDER any request for specified additional or amended findings or conclusions be made by August 14, 2023, and any additional or amended findings and conclusions, or written verification additional findings are not appropriate, be filed by August 24, 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 31, 2023.
We DIRECT the Clerk of this Court to send a copy of this order by electronic transmission to Judge Wheless; Collin County District Clerk Michael Gould; and the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated, and a new deadline set for the filing of appellant's brief, no later than September 7, 2023.