James Stearns v. Lisa Martens and Stearns Pools and Spas, Inc.

• Court: Court of Appeals of Texas
• Decided: July 23, 2013
• Docket: 14-13-00094-CV
• Status: Published

Opinion

Motion Granted; Order filed July 23, 2013.

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00094-CV ____________

JAMES STEARNS, Appellant

V.

LISA MARTENS and STEARNS POOLS AND SPAS, INC., Appellees

On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 09-DCV-169484

ORDER

This is an appeal from the property division awarded in a final decree of divorce signed November 8, 2013. Appellant timely requested Findings of Fact and Conclusions of Law. See Tex. R. Civ. P. 296; Tex. Fam. Code § 6.711 (requiring findings and conclusions on the characterization and value of assets, liabilities, claims, and offsets). Appellant also filed a timely reminder of past due findings and conclusions. See Tex. R. Civ. P. 297. To date, the requested findings and conclusions have not been filed. On July 5, 2013, appellant filed a motion to abate the appeal, requesting that the trial court be directed to file findings of fact and conclusions of law. See Tex. R. App. P 44.4(b). Counsel for appellee Lisa Martens does not oppose the motion, and counsel for appellee Stearns Pools and Spas, Inc. has not filed any response in opposition to the motion. See Tex. R. App. P. 10.3(a). Accordingly, we GRANT appellant’s motion and issue the following order.

We ORDER the appeal abated and direct the trial court to file findings of fact and conclusions of law on or before August 16, 2013. Within ten days after the trial court has filed findings of fact and conclusions of law, any party may file a request for specified additional or amended findings or conclusions. See Tex. R. Civ. P. 298. 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 a supplemental clerk’s record to be filed with this court on or before September 20, 2013.

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 of fact and conclusions of law are filed in this Court in a supplemental clerk’s record. 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. Appellant’s brief shall be due 30 days after the appeal has been reinstated.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Frost and Donovan.