Ford v. City of Lubbock

A request for findings of fact and conclusions of law does not extend the appellate deadline when findings and conclusions have no purpose, such as when there was no disputed fact issue for resolution by the trial court.

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Appellant Glenda Ford, as next friend of Cedrick Lenard Williams, appeals from a take-nothing judgment in favor of appellee, City of Lubbock, in her action seeking damages as a result of the drowning death of her son in a swimming pool owned and operated by appellee. The order of dismissal was entered as a result of a plea to the jurisdiction filed by appellee.

We now have before us appellee’s motion to dismiss the appeal for the reason that the notice of appeal was not timely filed. The order was signed on November 30, 2001. On December 19, 2001, appellant filed a request for findings of fact and conclusions of law. On January 18, 2002, she filed a notice of past due findings of fact and conclusions of law. However, the trial court apparently never entered any such findings and conclusions. Notice of appeal was filed on February 27, 2002.

Rule 26.1 of the Rules of Appellate Procedure provides in relevant part:

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Ford v. City of Lubbock

A request for findings of fact and conclusions of law does not extend the appellate deadline when findings and conclusions have no purpose, such as when there was no disputed fact issue for resolution by the trial court.

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