Motion Granted; Abatement Order filed July 14, 2015 

In The

Fourteenth Court of Appeals

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NO. 14-14-00481-CV

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LUCIDALIA CHAVEZ, Appellant

V.

WALTER CHAVEZ, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2012-60726

ABATEMENT ORDER

After a non-jury trial, appellant Lucidalia Chavez brings this appeal from a 

final decree of divorce signed March 17, 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 January 29, 2015, appellant filed a brief complaining of the trial court’s 

failure to make and file findings of fact and conclusions of law. On March 18, 
2015, appellee filed a motion to abate the appeal so that the trial court could make

and file findings of fact and conclusions of law. Appellee avers in the motion that 

he cannot properly respond to appellant’s issues without the findings and 

conclusions. 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. 

On March 24, 2015, this court granted appellee’s motion, abated the appeal, 

and ordered the trial court to file findings of fact and conclusions of law on or 

before April 13, 2015. This court’s order also permitted any party to file a request 

for specified additional or amended findings or conclusions within ten days of the 

filing of the trial court’s findings of fact and conclusions of law. The trial court 

was ordered to 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, were 

ordered to be included in a supplemental clerk’s record to be filed with this court 

on or before May 8, 2015.

On May 20, 2015, appellant filed a motion to reinstate the case because the 

findings of fact and conclusions of law had not been filed. Appellee filed a 

response in which he opposed appellant’s motion, and notified this court that he 

had requested a status conference with the trial court, to be held on July 2, 2015,

for the purpose of determining why the court has not filed the findings and 

conclusions, and whether more time is required.

On June 2, 2015, we denied appellant’s motion to reinstate the appeal. The 

parties were ordered to notify this court of the status of the findings of fact and 

conclusions of law within one week of the status conference with the trial court.

On June 18, 2015, this court inadvertently reinstated the appeal on the filing of a 

supplemental clerk’s record. On July 8, 2015, appellant filed another motion to 
abate the appeal for findings of fact and conclusions of law. The motion is granted.

The appeal is abated, and will be reinstated on this court’s active docket 

when the supplemental record ordered herein is 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 supplemental 

brief shall be due thirty days after the appeal is reinstated.

PER CURIAM