Opinion
05-23-01204-CV
05-15-2024
IN THE INTEREST OF V.R.Z., A CHILD
On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-02286
ORDER
KEN MOLBERG, JUSTICE
Before the Court is appellant's May 14, 2024 motion for an extension of time to file her opening brief. Appellant states in the motion that the trial court has not yet filed findings of fact and conclusions of law and the court reporter has not filed the record of two hearings. Because the appellate record is not yet complete, we DENY the extension motion as premature.
The trial court conducted a bench trial and signed the appealed judgment on February 5, 2024. As stated in the motion and as noted on the trial court's website, appellant filed a timely request for findings of fact and conclusions of law on Monday, February 26, 2024. 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 March 27, 2024, 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 the Court's 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 June 14, 2024. We further ORDER any request for specified additional or amended findings or conclusions be made by June 24, 2024 and any additional or amended findings and conclusions, or written verification additional findings are not appropriate, be filed by July 8, 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 July 18, 2024.
We also ORDER Official Court Reporter Glenda Finkley to file on or before June 14, 2024, the reporter's records of the hearings conducted on February 5, 2024 and April 5, 2024.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Streete; Dallas County District Clerk Felicia Pitre; Ms. Finkley; 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 July 31, 2024 or when the requested supplemental clerk's record is filed, whichever occurs sooner.