Opinion
05-22-00439-CV
09-20-2022
HOLLY BONE-MARTIN AND BRIAN MARTIN, Appellants v. DAVID TYLER MOSS, ET AL., Appellees
On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-09893
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE
This appeal follows a bench trial. On April 20, 2022, eight days after the trial court signed its judgment, appellants 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 May 11, 2022, appellants 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 appellants now move 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 appellants' motion and ORDER the Honorable Martin Hoffman, Presiding Judge of the 68th Judicial District Court, to make findings of fact and conclusions of law in accordance with Texas Rule of Civil Procedure 297 no later than October 10, 2022. We further ORDER any request for specified additional or amended findings or conclusions be made by October 20, 2022 and any additional or amended findings and conclusions, or written verification additional findings are not appropriate, be filed by October 31, 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 November 4, 2022.
The Court takes no action at this time on court reporter Antoinette Reagor's request for an extension of time to file the reporter's record.
We DIRECT the Clerk of this Court to send a copy of this order by electronic transmission to Judge Hoffman; Dallas County District Clerk Felicia Pitre; Ms. Reagor; 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 Ms. Reagor's extension request will be determined no later than November 9, 2022.