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CalAttorney2
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Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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After a trial how many days do u have to request a statement

Customer Question

After a trial how many days do u have to request a statement of facts and conclusion of law?
Submitted: 5 months ago.
Category: Legal
Expert:  CalAttorney2 replied 5 months ago.

20 days after the request is made.

Texas Rule of Civil Procedure 297

  • If the trial court judge does not file findings of fact by the deadline to do so, the litigant seeking the findings must file a notice that the findings are past-due. See Texas Rule of Civil Procedure 297. If the trial court judge still does not file findings of fact, the court of appeals may abate the appeal and order the trial court judge to file the findings of fact. See Busch v. Hudson & Keyse, LLC, 312 S.W.3d 294, 298 (Tex. App. — Houston [14th Dist.] 2010, no pet.).
Customer: replied 5 months ago.

Tomorrow hearing set for signing of the judgment. We will file an objection to the proposed divorce decree. Two main issues 1. Judge awarded half of two rental properties, and 2. Judge awarded H managing conservatorship and for W to pay child support. If W decides to accept the property ruling but not the custody decision, will her decision hurt her custody chances on appeal?

Expert:  CalAttorney2 replied 5 months ago.

You can appeal portions of a court ruling (you do not have to appeal "all or none")

But if you plan on filing an appeal, please at least consult with a local appellate law attorney well in advance, appellate practice is nothing like trial work, and you will want some help reviewing your case and determining how best to put things together. (it isn't as simple as saying "I disagree with the order").

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