Opinion
Appellate case number: 01-16-00071-CV
05-26-2016
Rahmatullah Basha Syed v. Khadija Masihuddin
ORDER OF ABATEMENT Trial court case number: 2014-05013 Trial court: 311th District Court of Harris County
On January 26, 2016, appellant, Rahmatullah Basha Syed, filed a notice of appeal from the trial court's final decree of divorce, signed on October 26, 2015. Appellant had timely requested findings of fact and conclusions of law regarding the specific reasons for the variance from the standard possession order in the divorce decree, and timely reminded the trial court when the findings and conclusions were overdue by November 6, 2015. See TEX. FAM. CODE ANN. § 153.258 (West Supp. 2015); TEX. R. CIV. P. 296, 297.
On April 28, 2016, appellant filed this motion to abate appeal and extend time to file brief, requesting an abatement of this appeal to allow the trial court to make and file the requested findings and conclusions of law, pursuant to Texas Family Code Section 153.258. Appellant claims that, among other things, without the requested findings, he would have to guess at the reasons for the trial court's deviation from the standard possession order, and requests an extension of time to file his appellate brief until thirty days after such findings have been filed.
The clerk's record filed in this Court does not contain the requested findings and conclusions. Because the trial judge continues to serve on the district court, the error in this case is remediable. See TEX. R. APP. 44.4(a).
Accordingly, we grant appellant's motion to abate, abate this appeal, and remand for the trial court to file the requested findings of fact and conclusions of law, required under Texas Family Code Annotated Section 153.258, for deviating from the standard possession order, under Section 153.312(a), in the final decree of divorce. See Voros v. Turnage, 849 S.W.2d 353, 354-55 (Tex. App.—Houston [1st Dist.] 1992, Order) (abating for trial judge to prepare supplemental findings of fact, pursuant to predecessor statute, TEX. FAM. CODE ANN. § 14.033(k), stating the specific reasons for deviating from the standard possession order). The trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings of fact and conclusions of law with the Clerk of this Court within 30 days of the date of this Order.
This appeal is abated, treated as a closed case, and removed from this Court's active docket. This appeal will be reinstated on this Court's active docket when the supplemental clerk's record that complies with this Order is filed in this Court. The Court will also consider an appropriate motion to reinstate the appeal filed by either party or may reinstate the appeal on its own motion. Appellant's brief shall be due within thirty days after the appeal is reinstated.
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[×] Acting individually Date: May 26, 2016