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El Paso County Hospital District D/B/A R. E. Thomason General Hospital Conroe Hospital Corporation D/B/A Conroe Regional Medical Center Bay Area Healthcare Group, Ltd. D/B/A Corpus Christi Medical Center Sunbelt Regional Medical Center, Inc. v. Texas Health and Human Services Commission and Don Gilbert, Commissioner
Citation: Not availableDocket: 03-03-00770-CV
Court: Court of Appeals of Texas; March 10, 2004; Texas; State Appellate Court
Original Court Document: View Document
Appellants, a group of healthcare entities, filed an unopposed motion for abatement of their appeal to allow the district court to produce findings of fact and conclusions of law after a bench trial that concluded with a final judgment on October 4, 2003. The appellants timely requested these findings on October 23, 2003, with a due date of November 12, 2003. After the court failed to fulfill this request, the appellants filed a notice regarding the overdue findings on November 17, 2003, prompting a revised deadline of December 22, 2003, which also passed without action from the court. Citing precedent, the court stated that when a trial court neglects to file requested findings and conclusions, despite timely notifications, the appropriate remedy is to abate the appeal and remand the case back to the trial court for compliance. The presumption is that the failure to issue findings and conclusions is harmful unless proven otherwise. The court ordered the appeal abated and remanded the case to the district court, requiring the findings and conclusions to be filed within 30 days. The appeal will be reinstated either on April 12, 2004, or upon the filing of the supplemental clerk's record containing the district court's findings and conclusions. Justice David Puryear issued the memorandum opinion, with Chief Justice Law and Justice Patterson concurring. The order was filed on March 11, 2004.