Opinion
05-24-01048-CV
10-11-2024
SHEREEF KAMEL, Appellant v. LINDSAY ZACHARKO, Appellee
On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-04736-2024
ORDER
BILL PEDERSEN, III JUSTICE
Before the Court is appellant's October 10, 2024 motion to reconsider our October 9, 2024 order denying his motion to abate the appeal for findings of fact and conclusions and law. We GRANT the motion and VACATE our October 10 order.
Before the Court is appellant's October 8, 2024 motion to abate the appeal for findings of fact and conclusions of law. The trial court conducted a hearing on August 13, 2024 and signed an order granting appellee's application for a temporary injunction on the same date. Appellant filed a timely request for findings of fact and conclusions of law on August 23, 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. Appellant filed a timely notice of past due findings and conclusions on September 13, 2024. See id. (past-due notice due within thirty days of original request). To date, the trial court has not filed any findings or conclusions.
When, as here, a trial court conducts a hearing 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, we GRANT appellant's motion. We ORDER the Honorable Jill Renfro Willis, Presiding Judge of the 429th Judicial District Court, to make findings of fact and conclusions of law in accordance with Texas Rule of Civil Procedure 297 no later than October 28, 2024. We further ORDER any request for specified additional or amended findings or conclusions be made no later than November 7, 2024 and any additional or amended findings and conclusions, or written verification additional findings are not appropriate, be filed no later than November 18, 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 November 22, 2024.
Appellant's opening brief will be due within twenty days after the requested supplemental clerk's record is filed.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Willis; Collin County District Clerk Michael Gould; 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 November 25, 2024 or when the requested supplemental clerk's record is filed, whichever occurs sooner.