Motion Granted and A b atement Order filed April 29 , 2021

.

In The 

## Fourteenth Court of Appeals

____________ N O. 14

- 21

- 00130

- CV

____________ ROGER JENKINS , Appellant

V.
RONNIE WAYNE WILLS II , Appellee

On Appeal from the 246th District Court

Harris C ounty, Texas Trial Court Caus e No

. 2020

- 66572



### ABATEMENT ORDER

After a non

-

jury trial, appellant brings th is appeal from an order signed December 10, 2020 , denying appellant ’ s application for a protective order

. On March 19, 2021, appellant asked this court to order the trial court to fi le findings o f
fact and conclusions of law. On April 13, 2021, the clerk ’ s record was filed. The
record re flects a ppellant timely requested findings of fact and conclusions of law and timely reminded the trial court whe n the findings and conclusions wereoverdue. The t rial court did not file the requested findings and conclusions. No

response was filed to appellant ’ s motion. Appellant’s motion is granted.
When an appellant timely files a request for findings of fact and c onclusions of law and a timely notice of past d ue findings, the trial court ’ s error in failing to file findings of fact and conclusions of law is generally presumed to be harmful, unless the record before the appellate court affirmatively shows that the

c o mplaining party has suffered no injury. See Che rn e Indus., Inc. v. Magallanes , 763 S.W.2d 768, 772 (Tex. 1989); Electronic Power Design, Inc., v. R.A. Hanson Co., Inc., 821 S.W.2d 170, 171 (Tex. App.

— Houston [14th Dist.] 1991, no writ).
Appellant avers i n the motion that the issues cannot be properly p resent ed or frame d without the findings and conclusions. In this case, therefore, we cannot say that the record affirmatively discloses no injury. Because the trial judge continues
to serve on the district c ourt, the error in this case is remediable. See T ex. R. App

. P. 44.4. The prope r remedy is to abate the appeal and direct the trial court to
correct its error. See Zeiba v. Martin , 928 S.W.2d 782, 786 (Tex. App.

— Houston [14th Dist.] 1996, no writ). We ORD E R the trial court to file findings of fact and

co nclusions of law within twenty days of the date of this order . 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 o r amended findings or conclusions. The trial

co ur t shall file any additional or am ended 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 f indings or conclusions, shall be included
in a su pplemental clerk ’ s record to be f iled with this court within fifty days of the
date of this order

. The appeal is abated, treated as a closed case, and removed from this c ourt ’ s active docket. The appeal wi l l be reinstated on this c ourt ’ s active docket w he n thesupplemental clerk ’ s record contain in g the trial court ’ s findings and conclusions

are filed in this c ourt. The c ourt will also consider an appropriate motion to reinstate the appeal filed by either pa r ty, or the c ourt may reinstate the appeal on its
own motion.

PER CURIAM

Panel Consis ts of Chief Justice Christopher and Justices Spain and Wilson.