Opinion
13-24-00085-CV
02-08-2024
JACQUELYN K. MORGAN, Appellant, v. JOSEPH R. STAN, HEATHER M. STAN, AND ROUND 2 OFFROAD, LLC, Appellees.
On appeal from the 368th District Court of Williamson County, Texas.
Before Justices Longoria, Silva, and Peña
ORDER OF ABATEMENT
PER CURIAM
Appellant Jacquelyn K. Morgan filed "Appellant's Amended Motion for Abatement and Remand [and] to Extend Post-Judgment Deadlines (or Any Other Appropriate Motion) for Consideration of 'Plaintiff's Request for Additional/Amended Findings of Fact and Conclusions of Law.'" According to appellant's motion, the trial court signed its findings of fact and conclusions of law on November 7, 2023, but notice was not sent to the parties. Accordingly, after learning of the findings and conclusions on December 20, 2023, appellant filed her request for additional or amended findings of fact and conclusions of law on December 28, 2023. On January 31, 2024, the Williamson County District Clerk's Office filed a second supplemental clerk's record, which contained a sworn declaration from a deputy clerk stating that the trial court's findings of fact and conclusions of law were never served on the parties. To date, the trial court has not issued any additional or amended findings or otherwise ruled on appellant's motion.
Rule 298 of the Texas Rules of Civil Procedure provides that a party may request specified additional or amended findings of fact or conclusions of law "within ten days after the court sends the original findings and conclusions." Tex.R.Civ.P. 298. Moreover, the trial court is required to "file any additional or amended findings and conclusions that are appropriate within ten days after such request is filed." Id. The prior version of the rule provided that a party may request the additional or amended findings or conclusions "within ten days after the filing of the original findings and conclusions by the court." See generally Order, Misc. Docket No. 23-9071 (Tex. Aug. 7, 2023) (approving rule amendment, effective Sept. 8, 2023).
Based on the modified language of Rule 298, appellant's burden to file a request for additional or amended findings or conclusions never began because the clerk failed to notify the parties of the trial court's original findings and conclusions. Accordingly, we GRANT appellant's motion and ABATE this matter to allow the trial court the opportunity to enter additional or amended findings or conclusions, if appropriate.
Upon remand, the trial court shall consider appellant's request for additional or amended findings and conclusions. The trial court's ruling and any additional or amended findings and conclusions shall be filed with this Court in the form of a supplemental clerk's record. The supplemental clerk's record shall be due in this Court within thirty days. This appeal will be reinstated upon further order of the Court.