My Court Choose Not to Determine a Specific Issue
In El Paso Natural Gas Co. v. Minco Oil & Gas Co., 964 S.W.2d 54 (Tex. App.-Amarillo 1997), the trial court had issued findings of fact and conclusions of law, yet expressly refused to rule on whether language in a particular document operated as a release. El Paso, 964 S.W.2d at 72.
The Amarillo court reasoned that when a court states in its findings that it will not determine a specific issue, it is an exercise in futility to require a party to again ask the court to rule on the issue and would therefore not require a second request in order to preserve the issue for appeal. Id.