Llanelly Enterprises LTD v. Harry a Bouknight, Jr. ( 2019 )


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  •                               COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER OF ABATEMENT
    Appellate case name:        Llanelly Enterprises LTD. v. Harry A. Bouknight, Jr.
    Appellate case number:      01-19-00505-CV
    Trial court case number:    2019-09066
    Trial court:                295th District Court of Harris County
    In this interlocutory appeal, appellant, Llanelly Enterprises LTD, has filed a motion
    to lift the automatic stay provided in section 51.014(b) and to abate to the trial court to
    allow the trial court to file findings consistent with section 27.007. See TEX. CIV. PRAC. &
    REM. CODE §§ 27.007, 51.014(b). No party has objected to the motion. See TEX. R. APP.
    P. 10.3(a).
    Accordingly, the Court grants the motion, lifts the stay, abates this appeal, and
    remands to the trial court for the limited purpose of ruling on appellants’ “Request for
    Findings of Fact and Conclusions of Law,” including the findings of fact required by
    section 27.007. See TEX. CIV. PRAC. & REM. CODE §§ 27.007, 51.014(a)(12), (b); TEX. R.
    APP. P. 29.3. Because this is an accelerated appeal, the Court orders the trial court to sign
    any order and findings of fact within 15 days of the date of this Order. See TEX. CIV.
    PRAC. & REM. CODE § 27.008(b). The district clerk is directed to file a supplemental clerk’s
    record containing the trial court’s order, if any, and findings with the Clerk of this Court
    within 5 days of the date the district court signs any order and findings.
    This appeal is abated, treated as a closed case, and removed from this Court’s active
    docket. This appeal will be reinstated on this Court’s active docket when the supplemental
    clerk’s record that complies with this Order is filed in this Court. The Court will also
    consider an appropriate motion to reinstate the appeal filed by either party or may reinstate
    the appeal on its own motion.
    It is so ORDERED.
    Judge’s signature: ___/s/ Sherry Radack___
     Acting individually         Acting for the Court
    Date: ___August 6, 2019__
    2
    

Document Info

Docket Number: 01-19-00505-CV

Filed Date: 8/6/2019

Precedential Status: Precedential

Modified Date: 8/7/2019