Opinion
05-21-00965-CV
01-28-2022
GALOVELHO, LLC, Appellant v. GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS; COLLIN COUNTY, TEXAS, AND CITY OF FRISCO, TEXAS, Appellees
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-02595-2020
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
We REINSTATE this appeal which we abated January 25, 2022 to allow the trial court an opportunity to make findings of fact and conclusions of law in accordance with Texas Rule of Civil Procedure 297. By expedited motion filed January 26, appellees ask the Court to reconsider the ruling. They assert that findings of fact and conclusions of law are not required or proper because the appealed judgment, which granted appellees' pleas to the jurisdiction and dismissed appellant's claims with prejudice, was rendered as a matter of law. Although they acknowledge that "factual support" was before the trial court, they assert findings of fact would not "assist th[e] Court under the applicable standard of review" and the submitted facts were not "controlling" or "required to support the judgment."
We DENY the motion. See Phillips v. McNeill, 635 S.W.3d 620, 625-26 (Tex. 2021) (concluding findings of fact and conclusions of law "could properly be considered on appeal" from non-jury trial proceeding where (1) proceeding was such that trial court could consider evidence and (2) evidence was before court, regardless of whether "evidence presented was disputed, jurisdictional, or material" to issue raised on appeal); IKB Indus. (Nigeria) Ltd. v. Pro-Line Corp., 938 S.W.2d 440, 443 (Tex. 1997) (rejecting dissent's argument that whether findings of fact extend the appellate deadline and could properly be considered on appeal should depend on standard of review). Our January 25th order REMAINS IN EFFECT.
We DIRECT the Clerk of the Court to send a copy of this order by electronic transmission to the Honorable Jennifer Edgeworth, Presiding Judge of the 219th Judicial District Court; Collin County District Clerk Lynne Finley; and, the parties.
We again ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than March 16, 2022.