In Ford v. City of Lubbock, 76 S.W.3d 795 (Tex. App.--Amarillo 2002, no pet.), the claimants sued the City of Lubbock for the drowning death of their child.
The City filed a plea to the jurisdiction, and the trial court held a hearing. No witnesses testified, but the parties attached affidavits and deposition testimony to their pleadings.
The trial court granted the City's plea. While the family requested findings of fact and conclusions of law, none were prepared.
The Amarillo Court was required to determine if findings were appropriate because of a claim by the City that the family had not timely perfected its appeal.
The Amarillo Court reviewed the trial court's comments at the hearing and concluded that it had accepted the family's statements as true.
Consequently, there was no disputed fact issue for resolution, and findings of fact would have served no useful purpose. 76 S.W.3d at 797-98.