Opinion
05-24-00114-CV
08-29-2024
IN THE INTEREST OF C.A.-G.S., A CHILD
On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-09783.
ORDER
KEN MOLBERG, JUSTICE
By order dated July 12, 2024, we ordered the district clerk to file, on or before July 18, 2024, a supplemental clerk's record with the additional documents requested by appellant. Before the Court are appellant's July 26, 2024 and August 14, 2024 motions requesting generally that we compel compliance with our July 12 order and that we impose sanctions against the district clerk for noncompliance. The supplemental clerk's record was filed on August 16, 2024. In the July 26 motion, appellant asks that we allow her to include in her appendix to her brief a copy of the Child Interview Report. The supplemental clerk's record includes a Child Interview Status Report that states the child was interviewed and that a copy of the report was emailed to the associate judge. Additionally, the reporter's record reflects that the trial court took judicial notice of its entire file. We GRANT the July 26 motion only to the extent that we allow appellant to include a copy of the Child Interview Report in the appendix to her brief. We DENY the August 14 motion.
Also before the Court are appellant's August 15, 2024 motion to seal all records and August 26, 2024 motion for expedited review. We DENY these motions.
Appellant filed her brief on the merits on August 7, 2024. In her fourth issue, she asserts the trial court's failure to file findings of fact and conclusions of law warrants reversal. The trial court conducted a bench trial and signed the appealed judgment on November 10, 2023. Appellant filed a timely request for findings of fact and conclusions of law on that same date. 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 December 6, 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, on our own motion, we ORDER the Honorable Sandre Streete, Presiding Judge of the 256th Judicial District Court, to make findings of fact and conclusions of law in accordance with Texas Rule of Civil Procedure 297 no later than September 17, 2024. We further ORDER any request for specified additional or amended findings or conclusions be made no later than September 27, 2024 and any additional or amended findings and conclusions, or written verification additional findings are not appropriate, be filed no later than October 7, 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 October 11, 2024.
Appellant shall file any amended brief that addresses the trial court's findings of fact and conclusions of law no later than October 21, 2024. Because any amended brief may include a copy of the Child Interview Report in the appendix, we DIRECT the Clerk of this Court not to post the brief on the Internet.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Streete; Dallas County District Clerk Felicia Pitre; 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 October 11, 2024 or when the requested supplemental clerk's record is filed, whichever occurs sooner.