Robles v. Robles

In Robles v. Robles, 965 S.W.2d 605, 610 (Tex. App.--Houston 1st Dist. 1998, pet. denied), the court stated: Unless they can show injury, litigants have no remedy if a trial court files untimely findings. . . . Injury may be in one of two forms: (1) the litigant was unable to request additional findings, or (2) the litigant was prevented from properly presenting his appeal. . . . If injury is shown, the appellate court may abate the appeal so as to give the appellant the opportunity to request additional or amended findings in accordance with the rules. Id. A trial court may file additional findings even after it loses plenary power to affect the judgment. Id. at 611. The failure to request additional findings and conclusions constitutes a waiver on appeal of the trial court's lack of such findings and conclusions. Id. In Robles, because appellant did not file a request for additional findings and neither party requested the appellate court to abate the appeal in order for the court to make additional findings, the appellate court refused to remand the case or to abate the appeal. Id.