Opinion
NO. 14-17-00082-CV
08-17-2017
IN THE INTEREST OF J.C.K., A CHILD
On Appeal from the 309th District Court Harris County, Texas
Trial Court Cause No. 2009-41400
ABATEMENT ORDER
After a non-jury trial, appellant brings this appeal from a judgment signed November 2, 2016. Appellant timely requested findings of fact and conclusions of law and timely reminded the trial court when the findings and conclusions were overdue. The trial court did not file the requested findings and conclusions. On August 1, 2017, appellee filed a motion asking this court to abate this appeal and order the trial court to file findings of fact and conclusions of law. Appellant has not filed opposition to appellee's motion. Appellee's motion is granted.
When a party 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 Cherne Indus., Inc. v. Magallanes, 763 S.W.2d 768, 772 (Tex. 1989); Electronic Power Design, Inc., v. R.A. Hanson Co., Inc., 821 S.W.2d 170, 171 (Tex. App.—Houston [14th Dist.] 1991, no writ).
We ORDER the trial court to file findings of fact and conclusions of law on or before September 12, 2017. Within ten days after the trial court has filed 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 or conclusions that are appropriate within ten days after such a request is filed. The trial court's findings of fact and conclusions of law, and any additional and amended findings or conclusions, shall be included in a supplemental clerk's record to be filed with this court on or before October 12, 2017.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and conclusions are filed in this court. The court also will consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.
It is so ORDERED.
PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Jewell.