Filed: Jun. 29, 2017
Latest Update: Jun. 29, 2017
Summary: ORDER MOLLY FRANCIS , Justice . This Court reversed the trial court's judgment in this case after concluding (1) the judge who tried the case, Judge Martin Lowy, failed to make findings of fact and conclusions of law, (2) the newly elected judge who succeeded him, Judge Staci Williams, made findings and conclusions without authority, and (3) the absence of proper findings and conclusions prejudiced appellant Chan Il Pak. Pak v. Ad Villarai, LLC, No. 05-14-01312-CV, 2016 WL 637736, at *1 (
Summary: ORDER MOLLY FRANCIS , Justice . This Court reversed the trial court's judgment in this case after concluding (1) the judge who tried the case, Judge Martin Lowy, failed to make findings of fact and conclusions of law, (2) the newly elected judge who succeeded him, Judge Staci Williams, made findings and conclusions without authority, and (3) the absence of proper findings and conclusions prejudiced appellant Chan Il Pak. Pak v. Ad Villarai, LLC, No. 05-14-01312-CV, 2016 WL 637736, at *1 (T..
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ORDER
MOLLY FRANCIS, Justice.
This Court reversed the trial court's judgment in this case after concluding (1) the judge who tried the case, Judge Martin Lowy, failed to make findings of fact and conclusions of law, (2) the newly elected judge who succeeded him, Judge Staci Williams, made findings and conclusions without authority, and (3) the absence of proper findings and conclusions prejudiced appellant Chan Il Pak. Pak v. Ad Villarai, LLC, No. 05-14-01312-CV, 2016 WL 637736, at *1 (Tex. App.-Dallas Feb. 16, 2016) (mem. op.).
Appellees appealed our ruling to the Texas Supreme Court. The supreme court agreed that a successor judge has no authority to file findings on behalf of her predecessor displaced by an election. But, the court determined that because Judge Lowy's term of office expired within the period for filing the findings requested by Pak, Judge Lowy had authority to file findings after his term expired. Ad Villarai, LLC v. Pak, No. 16-0373, 2017 WL 1968035, at *6 (Tex. May 12, 2017) (per curiam). The supreme court reversed our judgment and remanded with instructions to "abate the appeal and direct the trial court to request that Judge Lowy file findings in the case. If the trial court reports that Judge Lowy fails or refuses to file findings as and when requested, the court of appeals may then remand the case to the trial court for a new trial." Id.
Accordingly, we DIRECT the Honorable Staci Williams, Presiding Judge of the 101st Judicial District Court, to REQUEST Judge Martin Lowy to make findings of fact and conclusions of law in the above-styled case by no later than August 29, 2017. If Judge Lowy either fails or refuses to file findings by that date, Judge Williams is further DIRECTED to notify this Court in writing. We ORDER the trial court to file a supplemental clerk's record containing the findings and conclusions or written verification that Judge Lowy has failed or refused to do same by no later than September 5, 2017.
We DIRECT the Clerk to send copies of this order to Judge Staci Williams, Judge Martin Lowy, and to all parties in the case.
This appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated on September 5, 2017 or when the Court receives the supplemental clerk's record, whichever is earlier.
