Opinion
14-23-00521-CV
12-05-2023
NATALIE ROSE WADHWA, Appellant v. ANKUR WADHWA, Appellee
On Appeal from the 308th District Court Harris County, Texas Trial Court Cause No. 2021-65917
Panel consists of Justices Hassan, Poissant, and Wilson.
ABATEMENT ORDER
PER CURIAM
After a trial, appellant brings this appeal from a final decree of divorce signed July 20, 2023. 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 October 31, 2023, appellee asked this court to order the trial court to find findings of fact and conclusions of law. Appellee's motion indicates it is unopposed. 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).
Appellant's motion before the trial court indicated that she cannot properly litigate this appeal without the findings and conclusions. In this case, therefore, we cannot say that the record affirmatively discloses no injury. Because the trial judge continues to serve on the district court, the error in this case is remediable. See Tex. R. App. P. 44.4. The proper remedy is to abate the appeal and direct the trial court to correct its error. See Zeiba v. Martin, 928 S.W.2d 782, 786 (Tex. App.-Houston [14th Dist.] 1996, no writ). We ORDER the trial court to file findings of fact and conclusions of law on or before December 20, 2023. Within ten days after the trial court has filed findings of fact and conclusions of law, any party may file a request for additional or amended findings or conclusions. The trial court shall file any additional or amended findings 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 an original or supplemental clerk's record to be filed with this court on or before January 19, 2024.
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 recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.