Motion Granted; Order filed February 19, 2015. 

In The

Fourteenth Court of Appeals

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NO. 14-14-00811-CV

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IN THE MATTER OF THE MARRIAGE OF APRIL A. DISHAW AND 

DONALD J. DISHAW, JR. AND IN THE INTEREST OF D.J.D., 

H.A.D., A.B.D., AND D.L.D., CHILDREN

On Appeal from the 387th District Court

Fort Bend County, Texas

Trial Court Cause No. 12-DCV-199176

ABATEMENT ORDER

After a non-jury trial, appellant Donald J. Dishaw, Jr. brings this appeal 

from a final decree of divorce signed July 7, 2014. Appellant timely requested 

findings of fact and conclusions of law and timely reminded the trial court when 

the findings and conclusions were overdue. Our record does not contain the 

requested findings and conclusions. 

On November 4, 2014, this court abated the appeal and referred the case to 

mediation. After the mediator notified this court that no settlement was reached at 

mediation, we reinstated the appeal on February 5, 2015.
On February 6, 2015, the parties filed a joint motion asking that we again 

abate the appeal for the trial court to make and file findings of fact and conclusions 

of law. In addition, the parties request that we direct the trial court to conduct a 

hearing on appellant’s formal bill of exceptions, which was not held earlier, in part,

because this court ordered the parties to mediate the case.

Appellant avers in the joint motion that he cannot properly present or frame 

his appellate issues without the findings and conclusions or the record from the 

hearing on his bill of exceptions. Because the trial judge continues to serve on the 

district court, the error in this case is remediable. See Tex. R. App. P. 44.4. 

We GRANT the joint motion, ABATE the appeal, and ORDER the trial 

court to file findings of fact and conclusions of law on or before March 11, 2015.

Within ten days after the trial court has filed findings of fact and conclusions of 

law, any party may file a request for specified additional or amended findings or 

conclusions. The trial court shall file any additional or amended findings that are 

appropriate within ten days after such a request is filed. The trial court’s findings 

of fact and conclusions of law, and any additional and amended findings or 

conclusions, shall be included in a supplemental clerk’s record to be filed with this 

court on or before April 10, 2015.

In addition, the trial court is directed to conduct a hearing on appellant’s 

formal bill of exceptions. A supplemental clerk’s record containing appellant’s bill 

of exceptions and a reporter’s record from the bill of exceptions hearing shall be 

filed with the clerk of this court on or before April 10, 2015.

The appeal is abated, treated as a closed case, and removed from this court’s 

active docket. The appeal will be reinstated on this court’s active docket when the 

supplemental records ordered herein are filed in this court. The court will also 

consider an appropriate motion to reinstate the appeal filed by either party, or the 
court may reinstate the appeal on its own motion. Appellant’s brief shall be due 

thirty days after the appeal is reinstated.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and McCally.