Opinion
01-23-00798-CV
03-26-2024
African American Historic Preservation Committee, Inc. v. State of Texas and City of Texas City
405th District Court of Galveston County, Trial court case number: 23-CV-0049.
ORDER
Peter Kelly, Judge.
Appellant, African American Historic Preservation Committee, Inc., is appealing the trial court's October 4, 2023 order granting the State of Texas's plea to the jurisdiction. Appellant has filed a motion to abate the appeal for the trial court to file findings of fact and conclusions of law. On October 9, 2023, appellant filed a request for findings of fact and conclusions of law. On November 1, 2023, appellant filed a notice of past due findings of fact and conclusions of law.
"When properly and timely requested, the trial court has a mandatory duty to file findings of fact and conclusions of law." Glass v. Williamson, 137 S.W.3d 114, 117-18 (Tex. App.- Houston [1st Dist] 2004, no pet.). Appellant's request for findings of fact and his notice of past due findings and conclusions were timely filed. See Tex. R. Civ. P. 296, 297.
Accordingly, we grant appellant's motion. We abate the appeal and remand to the trial court for preparation of findings of fact and conclusions of law. The trial court shall forward a supplemental clerk's record containing the findings of fact and conclusions of law within 30 days of the date of this order.
It is so ORDERED.