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
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.