in the Interest of E.A.C., a Child

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Fourth Court of Appeals
San Antonio, Texas
January 27, 2021
No. 04-20-00347-CV
IN THE INTEREST OF E.A.C., A CHILD
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-06011
Honorable Aaron Haas, Judge Presiding
ORDER
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Appellant filed a motion to abate this appeal for findings of fact and conclusions of law
and a motion for an extension of time to file her brief. Thereafter, appellee filed a response
opposing the motion to abate, and appellant filed a reply to appellee’s response.
After considering the documents filed by the parties and the clerk’s record, we conclude
appellant’s notice of past due findings of fact and conclusions of law was not timely filed and,
therefore, appellant’s motion to abate this appeal for findings of fact and conclusions of law must
be denied. See TEX. R. CIV. P. 297; Las Vegas Pecan & Cattle Co., Inc. v. Zavala Cty., 682
S.W.3d 254, 255-56 (Tex. 1984) (holding the appellant waived its complaint about the lack of
findings of fact and conclusions of law by not timely filing a notice of past due findings of fact
and conclusions of law); Bank of Am., N.A., v. Groff, No. 14-19-00726-CV, 2021 WL 98559, at
*2 (Tex. App.—Houston [14th Dist.] Jan. 12, 2021, no pet. h.) (“If findings of fact are not
properly requested—including when a past-due notice is not filed within the thirty-day deadline
imposed by rule 297—then an appellant waives a complaint that the trial court failed to file
findings of fact and conclusions of law.”). Therefore, appellant’s motion to abate this appeal is
DENIED.
Appellant’s motion for an extension of time to file her brief is GRANTED. Appellant’s
brief is due on or before March 1, 2021.
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Irene Rios, Justice
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 27th day of January, 2021.
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MICHAEL A. CRUZ, Clerk of Court