Bank of the West v. TXS United Housing Program, Inc. ( 2013 )

Order entered October 8, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01422-CV
BANK OF THE WEST, Appellant
V.
TXS UNITED HOUSING PROGRAM, INC., Appellee
On Appeal from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-10-04636
ORDER
In its brief on the merits, appellant Bank of the West complains of the trial court’s failure
to make findings of fact and conclusions of law, despite the Bank’s timely request. See TEX. RS.
CIV. P. 296, 297. Because a trial court has a mandatory duty to file findings of fact and
conclusions of law upon proper request, see Landerman v. State Bar of Tex., 247 S.W.3d 426,
430 (Tex. App.—Dallas 2008, pet. denied), we ORDER the Honorable Ken Molberg, Judge of
the 95th Judicial District Court of Dallas, Texas to make his findings of fact and conclusions of
law within thirty (30) days of the date of this order. The findings of fact and conclusions of
law shall be filed in a supplemental clerk’s record with this Court within forty-five (45) days of
the date of this order.
Appellant shall file any amended or supplemental brief thirty days after the record in this
Court is complete.
We DIRECT the Clerk of this Court to send a copy of this order by electronic
transmission to Judge Molberg and all counsel of record.
We ABATE the appeal to allow the trial court to comply with this order. The appeal will
be reinstated forty-five days from the date of this order or when the Court receives the findings
of fact and conclusions of law, whichever occurs sooner.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE