Opinion
05-23-01274-CV
01-23-2024
LI CHEN, Appellant v. OLYMBEC USA, LLC, Appellee
On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-22-02888-E
ORDER
BONNIE LEE GOLDSTEIN, JUSTICE
Before the Court is appellant's January 8, 2024 unopposed motion to abate the appeal and order the trial court to make findings of fact and conclusions of law. The trial court conducted a bench trial and signed the appealed judgment on September 19, 2023 and an order awarding attorney's fees on October 4, 2023. Appellant filed a timely request for findings of fact and conclusions of law on October 5, 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 November 1, 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 Vonda Bailey, Presiding Judge of the 255th Judicial District Court who presided over the trial, to make findings of fact and conclusions of law in accordance with Texas Rule of Civil Procedure 297 no later than February 22, 2024. We further ORDER any request for specified additional or amended findings or conclusions be made by March 4, 2024 and any additional or amended findings and conclusions, or written verification additional findings are not appropriate, be filed by March 14, 2024. 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 March 19, 2024.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Bailey; Dallas County Clerk John Warren; 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 March 22, 2024 or when the requested supplemental clerk's record is filed, whichever occurs sooner.