Robert Elliott and Robert Elliott Custom Homes, LLC v. Lynn O'Neil Dauterman

Opinion

Order entered September 24, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00516-CV

ROBERT ELLIOTT AND ROBERT ELLIOTT CUSTOM HOMES, LLC, Appellants V.

LYNN O’NEIL DAUTERMAN, Appellee

On Appeal from the 192nd Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-14-10954

ORDER

We GRANT appellants’ September 1, 2015 motion to abate the appeal and compel

findings of fact and conclusions of law. We ORDER the Honorable Craig Smith, Judge of the 192nd Judicial District Court, to make, WITHIN THIRTY DAYS of the date of this order, findings of fact and conclusions of law with respect to its April 4, 2015 order denying sanctions. We ORDER Felicia Pitre, Dallas County District Clerk, to file a supplemental clerk’s record containing the trial court’s findings of fact and conclusions of law WITHIN FORTY-FIVE DAYS of the date of this order.

We GRANT appellants’ September 1, 2015 motion for an extension of time to file a brief. Appellants’ brief will be due WITHIN THIRTY DAYS after the supplemental clerk’s record containing the trial court’s findings of fact and conclusions of law is filed.

We DIRECT the Clerk of this Court to send a copy of this order by electronic transmission to Judge Smith, Ms. Pitre, and the parties.

We ABATE this appeal to allow the trial court to comply with this order. We will reinstate the appeal in forty-five days or when we receive the supplemental clerk’s record, whichever occurs sooner.

/s/ ELIZABETH LANG-MIERS JUSTICE