The Simplicity (Complexity?) of a Pencil

An individual setting off to plan how to build a pencil from scratch would likely fail.

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Judge Files Findings of Fact and Conclusions of Law in the Collin County Community College District Whistleblower Suit (Oops. This post is incorrect.)

This post is incorrect. Although the last entry on the record sheet below says “Findings of Fact an Conclusions of Law,” that is not what they are. Silly me for thinking the label was accurate. What was filed is the plaintiffs’ notice of delinquent findings.

I apologize for the error.

The Collin County District Clerk’s website now shows that Judge Chris Oldner’s findings of fact and conclusions of law were filed September 24.

District Clerk 2015-09-28

It’s good that they’re finally filed, but the filing date is odd. Here is a copy of the clerk’s records on September 26, two days after the alleged filing date, but the findings and conclusions are not shown to have been filed.

District Clerk 2015-09-26

That’s odd, because everything filed during a day is supposed to be shown on the website no later than 6:00 p.m.

Please Note: The case data used by the Case Search feature is updated daily at 6 p.m., thus changes made to a case during the current business day will not be reflected by this search feature until after 6 p.m.

Go Figure.

Related Posts:

Findings of Fact and Conclusions of Law Filed

Notice of Past-Due Findings of Fact and Conclusions of Law

Delinquent Findings of Fact and Conclusions of Law

Due Date for Findings of Fact and Conclusions of Law

Motion for New Trial

Request for Findings of Fact and Conclusions of Law

Plea to Jurisdiction Granted

Venue Tranferred to Collin County

Plaintiff’s Response to Motion to Transfer Venue

Hearing Date

College District’s Response to Lawsuit

College District President Resigns

Report of Corruption in Collin County Community College District

Notice of Past-Due Findings Filed in Collin County Community College District Whistleblower Suit

Plaintiffs filed a Notice of Past-Due Findings of Fact and Conclusions of Law in the whistleblower suit pending against Collin County Community College District. The filing as made September 24.

Notic P-D FOF COL p1

Notic P-D FOF COL p2

Notic P-D FOF COL p3

As of this date, however, the district clerk’s records do not show the filing.

District Clerk 2015-09-26

Here is what the district clerk says about the timeliness of its records:

The case data used by the Case Search feature is updated daily at 6 p.m., thus changes made to a case during the current business day will not be reflected by this search feature until after 6 p.m.

Since the notice was filed Thursday, the district clerk records should have reflected the filing no later than 6:00 p.m. Thursday. Is there something even more squirrelly than I thought going on in Collin County?

Related Posts:

Notice of Past-Due Findings of Fact and Conclusions of Law

Delinquent Findings of Fact and Conclusions of Law

Due Date for Findings of Fact and Conclusions of Law

Motion for New Trial

Request for Findings of Fact and Conclusions of Law

Plea to Jurisdiction Granted

Venue Tranferred to Collin County

Plaintiff’s Response to Motion to Transfer Venue

Hearing Date

College District’s Response to Lawsuit

College District President Resigns

Report of Corruption in Collin County Community College District

Collin County Community College District Whistleblower Suit: Time for Findings of Fact and Conclusions of Law

Today is the deadline for the court to file findings of fact and conclusions of law in the pending whistleblower suit. It is now 2:45 P.M., and they are not filed yet. Maybe they will be filed later.

What happens if the judge does not file timely? Texas Appellate Watch says:

If the court does not file the findings and conclusions by the due date, the requesting party must file a notice of past due findings. Id. This notice must be filed no later than 30 days after the original request was made. Id. Failure to timely file the notice of past due findings waives any error from the failure to file findings and conclusions. Id. Finally, after the findings are filed, the party may need to request additional or amended findings. Tex. R. Civ. P. 298. If the court omits an essential finding, but the complaining party does not request additional or amended findings, the omitted element will be deemed to have been found in favor of the judgment. Tex R. Civ. P. 299. The request for additional findings is due 10 days after the original findings are filed. Tex. R. Civ. P. 298. – See more at: http://texasappellatewatch.typepad.com/texas-appellate-watch/2012/10/correctly-securing-findings-of-fact-and-conclusions-of-law.html#sthash.5gaESNkN.dpuf

Update:

The Collin County District Clerk’s website says its website is updated at 6:00 P.M. each day.  It’s now after 6:00 P.M., and the online records do not show that findings of fact and conclusions of law have been filed. The judge is late.

Update September 18, 2015, 8:36 P.M.

Still no findings of fact or conclusions of law from Judge Chris Oldner. The more time that passes, the less it looks like an oversight and the more it looks as as though the judge does not intend to file them. Bear in mind that, once the plaintiffs made the request, the judge had a duty to timely file findings of fact and conclusions of law. That makes the judge’s failure to do so all the more anomalous.

Related Posts:

Notice of Past-Due Findings of Fact and Conclusions of Law

Delinquent Findings of Fact and Conclusions of Law

Due Date for Findings of Fact and Conclusions of Law

Motion for New Trial

Request for Findings of Fact and Conclusions of Law

Plea to Jurisdiction Granted

Venue Tranferred to Collin County

Plaintiff’s Response to Motion to Transfer Venue

Hearing Date

College District’s Response to Lawsuit

College District President Resigns

Report of Corruption in Collin County Community College District

Wildfires Are Scary

I recall an even scarier fire from my childhood. We were near Ingleside, Texas. The fire was scarier because it was in brush so thick a man couldn’t walk through it. The flames were huge.

The fire was not quite to the road we were driving down. A man was watering his house with a garden hose. As young as I was, I saw that was futile. I announced that the road would stop the fire. My father disagreed, saying that the fire would jump the road. As an adult, I realize that he was right.

We drove on, and I have no idea how the fire was stopped.