In Stefek v. Helvey, 601 S.W.2d 168, 170 (Tex. Civ. App.--Corpus Christi 1980, writ ref'd n.r.e.), the trial court entered a judgment on October 31, 1978. On November 16, 1978, appellant made an untimely request for findings (six days after the due date). Id. Appellant did not make a second request for findings. Id. The trial judge filed findings on March 23, 1979, which was 80 days after the transcript was due in the appellate court. Id. The appellate court stated: "This Court will permit minor infractions of these rules. . . . But we will not consider findings and conclusions which grossly violate the filing, as here." Id. at 171. Therefore, the court disregarded the findings in determining the appeal. Id. The court further stated: "When findings of fact and conclusions of law are not properly before this Court, the trial court's judgment will be affirmed if it can be upheld on any legal theory that is supported by the evidence." Id.