Opinion
14-23-00553-CV
10-24-2024
THAO BUIPHAM, Appellant v. JON VAN NGUYEN, Appellee
On Appeal from the 507th District Court Harris County, Texas Trial Court Cause No. 2016-64020
Panel consists of Justices Wise, Bourliot, and Spain.
ABATEMENT ORDER
PER CURIAM
After a non-jury trial, appellant brings this appeal from a judgment signed July 6, 2023. Appellant timely requested findings of fact and conclusions of law and timely reminded the trial court when the findings and conclusions were overdue. See Tex. R. Civ. P. 296, 297. The trial court did not file the requested findings and conclusions. Appellant complains about the absence of findings and conclusions in her first appellate issue.
When an appellant timely files a request for findings of fact and conclusions of law and a timely notice of past due findings, the trial court's error in failing to file findings of fact and conclusions of law is generally presumed to be harmful, unless the record before the appellate court affirmatively shows that the complaining party has suffered no injury. See, e.g., Isaac v. Burnside, 616 S.W.3d 609, 614 (Tex. App.-Houston [14th Dist.] 2020, pet. denied); Baltzer v. Medina, 240 S.W.3d 469, 473 (Tex. App.-Houston [14th Dist.] 2007, no pet.). An appellant suffers harm in this context if there are two or more possible grounds on which the court could have ruled and the appellant is left to guess the basis of the trial court's ruling. Baltzer, 240 S.W.3d at 473.
We have reviewed the record, and it does not affirmatively demonstrate that appellant suffered no injury due to the absence of findings and conclusions. However, because the trial judge continues to serve on the district court, the error in this case is remediable. See Tex. R. App. P. 44.4. The proper remedy is to abate the appeal and direct the trial court to correct its error. See Baltzer, 240 S.W.3d at 473.
We therefore ORDER the trial court to file findings of fact and conclusions of law on or before 20 days from the date this order is issued. Within ten days after the trial court has filed its findings of fact and conclusions of law, any party may file a request for specified additional or amended findings or conclusions. The trial court shall file any additional or amended findings that are appropriate within ten days after such a request is filed and direct the trial-court clerk to prepare, certify, and file a supplemental clerk's record containing the trial court's findings of fact and conclusions of law, and any additional and amended findings or conclusions, with the clerk of this court within 50 days from the date of this order. After all findings of fact and conclusions of law are filed with this court, appellant will have 15 days to supplement her briefing in this appeal, and if she does so, appellee will then have 15 days to supplement his briefing.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated and resubmitted on this court's active docket once the trial court's findings and conclusions and any supplemental briefing are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. Upon reinstatement, the court will re-submit the appeal on the briefs.
It is so ORDERED.