Document Info

DocketNumber: 05-18-01014-CV

Filed Date: 3/6/2019

Status: Precedential

Modified Date: 3/7/2019

  • Order entered March 6, 2019
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-01014-CV
    EQUIPOS DE PERFORACION V, S.A. DE C.V. AND
    LUIS FELIPE TRUEBA, Appellants
    V.
    VAREL INTERNATIONAL IND., L.P., JFM ENTERPRISES, INC., AND JOSE MARIA
    SARACHAGA MARTINEZ GARAITIA MINING S.A. DE C.V., Appellees
    On Appeal from the 160th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-17-05141
    ORDER
    Before the Court is appellants’ February 26, 2019 motion to abate to allow the trial court
    to make findings of fact and conclusions of law. On June 4, 2018, the Honorable Jim Jordan,
    former presiding judge of the 160th Judicial District Court, signed the order that is the subject of
    this appeal. Appellants filed a timely request for findings of fact and conclusions of law on June
    15, 2018 and a notice of past due findings of fact and conclusions of law on July 6, 2018, making
    the findings due July 25. See TEX. R. CIV. P. 297. Judge Jordan did not file findings of fact and
    conclusions of law. See TEX. R. CIV. P. 297. Judge Jordan was subsequently replaced by the
    Honorable Aiesha Redmond as a result of an election.
    A successor judge may not make findings of fact and conclusions of law when the
    predecessor judge has been replaced by an election. See TEX. R. CIV. P. 18; TEX. CIV. PRAC. &
    REM. CODE ANN. § 30.002(b) (allowing a successor judge to make findings of fact and
    conclusions of law where preceding judge has died, resigned, or becomes disabled during term of
    office). The predecessor judge who tried the case may make findings of fact and conclusions of
    law if his term of office expires during the period prescribed for filing findings of fact and
    conclusions of law. See TEX. CIV. PRAC. & REM. CODE ANN. § 30.002(a); Ad Villarai, LLC v.
    Chan II Pak, 
    519 S.W.3d 132
    , 140 (Tex. 2017).
    Judge Redmond cannot make findings of fact and conclusions of law because Judge
    Jordan was replaced by an election. Judge Jordan cannot make findings of fact and conclusions
    of law because the time for doing so passed before his term of office expired. Accordingly, we
    DENY the motion.
    /s/    KEN MOLBERG
    JUSTICE