Shakeel Mustafa v. Pakiza Asim

• Court: Court of Appeals of Texas
• Decided: April 27, 2023
• Docket: 03-23-00018-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00018-CV

Shakeel Mustafa, Appellant

v.

Pakiza Asim, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF WILLIAMSON COUNTY, NO. 11-0061-FC1, THE HONORABLE THOMAS O. STANSBURY, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Shakeel Mustafa challenges the trial court’s order on a motion to modify

in the underlying SAPCR. Mustafa filed a motion to abate this appeal for the entry of findings of

fact and conclusions of law that were not issued by the trial court after he timely requested them and

gave notice to the court that they were past due. See Tex. R. Civ. P. 296; id. R. 297. Appellee

Pakiza Asim filed a response stating that she agrees that the appeal should be abated and the case

remanded to the trial court for the issuance of findings of fact and conclusions of law.

We grant Mustafa’s motion, abate this appeal, and remand this cause to the trial

court for the entry of the necessary findings of fact and conclusions of law. See Billisits v. Billisits,

No. 03-21-00358-CV, 2022 WL 120484, at *1 (Tex. App.—Austin Jan. 12, 2022, no pet.) (per

curiam). We instruct the trial-court clerk to prepare a supplemental record containing the findings

of fact and conclusions of law. We further instruct Mustafa to file a motion to reinstate the appeal,

a motion to extend the abatement, or a report advising us of the status of the case no later than

May 25, 2023. It is ordered on April 27, 2023.

Before Chief Justice Byrne, Justices Triana and Theofanis

Abated and Remanded

Filed: April 27, 2023