Opinion
01-24-00280-CV
07-02-2024
Syed Muhammad Yousha v. Syed Muhammad Yunus
County Court at law No. 4 of Harris County No. 1192186
ORDER
VERONICA RIVAS-MOLLOY, JUDGE
Appellant Syed Muhammad Yousha filed a Motion to Abate Appeal to Direct the Trial Court to File Findings of Fact and Conclusions of Law. The record shows that Appellant timely requested findings of fact and conclusions of law on January 16, 2024, making the requested findings due on February 5, 2024. See Tex. R. Civ. P. 296 (directing that request for findings be "filed within twenty days after judgment is signed"); see also Tex. R. Civ. P. 297. Appellant then timely filed a First Notice of Past-Due Findings of Fact on February 8, 2024. See id. at 297 (notice of past due findings due "within thirty days after filing the original request").
The trial court signed a Final Judgment on January 11, 2024.
Because the trial court has not issued findings of fact or conclusions of law, Appellant requests we abate the appeal and issue an order requiring the trial court to issue findings of fact and conclusions of law. Appellant argued that the findings of fact and conclusions of law are necessary "to clarify the bases supporting the trial court's judgment." More than ten days have passed since the filing of Appellant's Motion to Abate with no opposition filed in response. See Tex. R. App. P. 10.3(a).
Appellant's Motion to Abate is granted. We abate this appeal and remand this case to the trial court. On remand, we order the trial court to file its findings of fact and conclusions of law within 30 days of the date of this order. See Tex. R. App. P. 44.4(b). We further order the trial court clerk to file a second supplemental clerk's record containing the trial court's findings of fact and conclusions of law within 45 days of the date of this order.
Appellant's brief is due 30 days from the filing of the second supplemental clerk's record containing the trial court's findings of fact and conclusions of law.