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Click here for the full text of this decision FACTS: The issue in this case is whether Gene Duke Builders Inc. extended its time for filing a notice of appeal under Rule 26.1 of the Texas Rules of Appellate Procedure by making a request for findings of fact and conclusions of law after the trial court granted Abilene Housing Authority’s plea to the jurisdiction. The court of appeals held that the request did not extend the appellate deadline and dismissed the appeal for want of jurisdiction. HOLDING: Reversed and remanded. The court of appeals expressly held that no evidentiary hearing occurred in this case. The court disagrees. Although Duke made no formal offer of evidence at the hearing on the plea to the jurisdiction, it submitted a deposition, affidavits and exhibits attached to its pleadings showing that Abilene identified itself as part of the city of Abilene. Duke then used this evidence to argue that Abilene was a municipality and therefore not subject to chapter 2260 of the Government Code. Furthermore, the trial court’s dismissal order explained that “after reviewing the pleadings and considering the arguments of counsel and after giving both parties time to submit additional materials and considering the same,” it concluded that the plea should be granted. Because the trial court took evidence and because the trial court’s findings “could properly be considered by the appellate court,” the time for filing notice of appeal was extended. Texas Rule of Appellate Procedure 26.1. OPINION: Per curiam.

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