It’s All About the Reasoning, Judge Reeder

NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW

Originally Published:  Feb 2, 2023 | Republished: Feb 2, 2023

Your attention is respectfully called to the fact that a timely REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW was filed in the above-entitled case on January 12, 2023.[1]

The filing date for the findings and conclusions was therefore due on or before February 1, 2023, which date has now passed pursuant to the Texas Rules of Civil Procedure.[2]

See; Plaintiff’s and Counter-Defendant’s First Motion for Continuance of  Sanctions Hearing, image no. 106223353, dated January 27, 2023, relying upon;

[1] See, in part: “Plaintiff now formally and timely requests compliance with this request for findings of fact and conclusions of law for the order signed by Judge Lauren Reeder on January 10, 2023, image no. 105941882, denying defendant’s application for a temporary injunction.”. – Jan 12, 2023, image no. 105963896.

[2] See: Lamas v. Gonzalez, No. 08-21-00095-CV, at *6 (Tex. App. Aug. 30, 2022) .

In re A.Z.F., No. 04-20-00553-CV, at *1 (Tex. App. Apr. 6, 2022) (“Appellant timely filed both a request for findings of fact and conclusions of law and notice of past-due findings of fact and conclusions of law. However, the trial court did not file findings and conclusions, and its failure to do so is presumed harmful unless the record affirmatively shows appellant suffered no harm.”)

Whilst on first blush, the decision here favored Plaintiff, it is the reasoning which is critical, considering the Plaintiff’s upcoming Sanctions hearing on March 20, 2023, before this court.

See; In re A.Z.F., No. 04-20-00553-CV, at *1 (Tex. App. Apr. 6, 2022) (“The record affirmatively demonstrates that appellant was not required to guess the reason for the trial court’s ruling.”).

The deadline for filing the findings and requests is now extended by the NOTICE to February 21, 2023. You are respectfully requested to file Findings of Fact and Conclusions of Law by that date.

RESPECTFULLY submitted this 2nd day of February, 2023.