Opinion
04-22-00112-CV
06-26-2023
John CLARK, Appellant v. Maria Elzbieta CLARK, Appellee
From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-20250 Honorable David A. Canales, Judge Presiding
Sitting: Beth Watkins, Justice, Liza A. Rodriguez, Justice, Sandee Bryan Marion, Justice
Sitting by assignment pursuant to section 74.003 of the Texas Government Code.
ORDER
PER CURIAM
Appellant John Clark appeals from the trial court's Final Decree of Divorce, which orders him to pay spousal maintenance to Appellee Maria Elzbieta Clark:
The Honorable Cathleen Stryker signed the Final Decree of Divorce. The Honorable David A. Canales presided over the bench trial and made the "judge's notes" to which the final decree conformed.
Respondent JOHN CLARK is ordered to pay as maintenance the sum of five hundred forty dollars ($540) per month to MARIA ELZBIETA CLARK, with first payment being due on November 1, 2021, and continuing on the 1st day of every month thereafter for a period of 5 years. Respondent JOHN CLARK is ordered to pay maintenance under Chapter 8 of the Family Code and also as contractual alimony.
After a bench trial, the trial court signed the final decree of divorce on January 19, 2022. On February 8, 2022, appellant timely filed a request for findings of fact and conclusions of law pursuant to Texas Rule of Civil Procedure 296. See Tex. R. Civ. P. 296; see also Tex. Fam. Code § 6.711 (requiring, "on request by a party," the trial court to file findings of fact and conclusions of law in conformity with the Texas Rules of Civil Procedure). On March 10, 2022, appellant timely filed his notice of past due findings of fact and conclusions of law pursuant to Rule 297. See Tex. R. Civ. P. 297. The trial court has not filed its findings of facts and conclusions of law.
In his appellate brief, appellant argues the trial court "committed harmful error by failing to file Findings of Fact and Conclusions of Law after [appellant] timely filed his Request for Findings of Fact and Conclusions of law and [his] Notice of Past Due Findings of Fact and Conclusions of Law." "The general rule is that the failure of the trial court to file findings of fact constitutes error where the complaining party has complied with the requisite rules to preserve error." Howe v. Howe, 551 S.W.3d 236, 244 (Tex. App.-El Paso 2018, no pet.) (citing Wagner v. Riske, 142 Tex. 337, 342, 178 S.W.2d 117 119 (1944)). "There is a presumption of harmful error unless the contrary appears on the face of the record." Id. "The test for determining whether the complainant has suffered harm is whether the circumstances of the case would require an appellant to guess the reason or reasons that the judge has ruled against" him. Id. Appellant argues in his brief that he has no idea how the trial court arrived at its spousal maintenance finding of $540 per month for five years. In reviewing the record, we agree the record is not clear as to how the trial court arrived at its spousal maintenance finding.
Appellant's other appellate issue argues the trial court erred in awarding appellee spousal maintenance in the amount of $540 per month for five years.
We therefore ABATE this appeal so that the trial court can make its findings of fact and conclusions of law related to court-ordered spousal maintenance. See Keating v. Keating No. 02-20-00271-CV, 2022 WL 187985, *3 (Tex. App.-Fort Worth Jan. 20, 2022 no pet.) (explaining how it had abated appeal and ordered the trial court to make findings of fact and conclusions of law relating to the spousal maintenance order). We ORDER the Honorable David A. Canales, who presided over the bench trial, to file findings of fact and conclusions of law relating to his spousal maintenance finding on or before July 17, 2023. We further ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's findings of fact and conclusions of law within ten days of the trial court signing its findings of fact and conclusions of law. Any supplemental briefing by the parties is due twenty days after the supplemental clerk's record containing the trial court's findings of fact and conclusions of law is filed.
It is so ORDERED.