CROSSOVER: Successor Judge May Supply Missing Findings After Family-Law Bench Trial

Pahuja v. Colors of Brazil, LLC, 07-26-00202-CV, November 06, 2026.

On appeal from 236th District Court, Tarrant County

Synopsis

Texas Rule of Civil Procedure 18 authorizes a successor judge to issue findings of fact and conclusions of law when the judge who rendered judgment resigns during the judge’s term. When properly requested findings remain unfiled and the record does not affirmatively negate harm, Texas Rule of Appellate Procedure 44.4 requires abatement and remand to correct the omission—not an immediate reversal for a new trial.

Relevance to Family Law

The ruling applies directly to family-law bench trials, where judgments often rest on disputed evidence, credibility determinations, conservatorship factors, characterization of property, reimbursement claims, valuation disputes, and discretionary divisions of the marital estate. If the trial judge leaves office after rendering judgment but before filing properly requested findings and conclusions, counsel should not assume that meaningful appellate review is impossible or that a new trial is automatic. A qualified successor judge may supply the missing findings under Rule 18, and the appellate court must permit correction under Rule 44.4 when the omission is harmful but remediable.

The decision is particularly important when a divorce decree, final order in a suit affecting the parent-child relationship, or post-divorce enforcement judgment could rest on several independent legal or factual grounds. Without findings, the appellant may be forced to guess which ground controlled. Pahuja confirms that the procedural remedy is ordinarily abatement for findings rather than reversal of the underlying judgment.

Family Law Crossover

The crossover mechanism involves three procedural steps. First, after a conventional bench trial, a party timely requests findings of fact and conclusions of law under Texas Rule of Civil Procedure 296. Second, if the trial court does not timely file them, the requesting party files the notice of past-due findings required by Rule 297. Third, if the original judge resigns during the judge’s term, Rule 18 permits the successor judge to make the findings and conclusions; if an appeal is pending and the omission prevents proper presentation of the issues, Rule of Appellate Procedure 44.4 requires the appellate court to abate and remand for correction.

That sequence can arise after virtually any contested family-law bench trial. Examples include a divorce involving competing property-characterization theories, a custody trial in which the court could have relied on several best-interest findings, a reimbursement dispute with alternative valuation methodologies, or an enforcement proceeding involving multiple alleged violations. If the judgment does not reveal the factual and legal basis for the ruling, successor-judge findings may be necessary to frame the appellate issues and determine the applicable standards of review.

Case Summary

Fact Summary

The underlying case involved a two-week bench trial conducted in September 2024 before Judge Thomas W. “Tom” Lowe III of the 236th District Court. The trial court signed a final judgment on December 1. On December 19, the appellants timely requested findings of fact and conclusions of law under Texas Rule of Civil Procedure 296.

The initial deadline for filing findings and conclusions expired on January 8, 2025. The appellants then timely filed their notice of past-due findings and conclusions. Despite that notice, the trial court did not file findings by the extended deadline of January 28.

The appellants appealed and argued, among other things, that the absence of findings—combined with Judge Lowe’s retirement—required reversal and a new trial. The appellees agreed that the missing findings required attention but contended that the appropriate remedy was abatement and remand so the trial court could enter the omitted findings and conclusions.

The Seventh Court of Appeals reviewed the record and determined that the disputed matters were not conclusively established or otherwise undisputed. The record also did not affirmatively demonstrate that the appellants were unharmed by the absence of findings. The appellate court therefore could not conduct its review on the premise that the omission was harmless.

The court took judicial notice that the Governor had appointed H. Dustin “Dusty” Fillmore III as judge of the 236th District Court on January 15, 2026, replacing Judge Lowe, who had resigned. That event brought Rule 18 into play because the rule permits a successor judge to make findings and conclusions when the preceding judge dies, resigns, or becomes disabled during the judge’s term.

Issues Decided

• Whether Texas Rule of Civil Procedure 18 permits a successor judge to issue findings of fact and conclusions of law after the judge who conducted the bench trial and rendered judgment resigns during the judge’s term.

• Whether the absence of properly requested findings was harmful when the record involved disputed matters and did not affirmatively demonstrate a lack of injury.

• Whether Texas Rule of Appellate Procedure 44.4 required abatement and remand for corrective action rather than reversal and remand for a new trial.

Rules Applied

• Texas Rule of Civil Procedure 18: When a judge dies, resigns, or becomes disabled during the judge’s term, the successor may decide motions, sign bills of exception or statements of facts, and make findings of fact and conclusions of law.

• Texas Rule of Civil Procedure 296: A party may timely request findings of fact and conclusions of law following a qualifying bench trial.

• Texas Rule of Civil Procedure 297: When the trial court does not timely file requested findings and conclusions, the requesting party must timely file a notice of past-due findings to preserve the complaint.

• Texas Rule of Appellate Procedure 44.4: An appellate court must not affirm, reverse, or dismiss an appeal when the trial court’s erroneous action or failure to act prevents the proper presentation of the case and the trial court can correct the error. The appellate court must direct the trial court to correct the error.

• AD Villarai, LLC v. Pak, 519 S.W.3d 132, 136 (Tex. 2017) (per curiam): When the absence of required findings prevents proper appellate presentation and the omission is correctable, the appellate court should abate and remand for the trial court to correct the error.

• Zieba v. Martin, 928 S.W.2d 782, 786 (Tex. App.—Houston [14th Dist.] 1996, no writ): A trial court has a mandatory duty to file properly requested findings and conclusions, and the failure to do so is presumed harmful unless the record affirmatively shows that the requesting party suffered no injury.

• Academy Corp. v. Interior Buildout & Turnkey Construction, Inc., 21 S.W.3d 732, 739 (Tex. App.—Houston [14th Dist.] 2000, no pet.): Harm exists when two or more possible grounds could support the ruling and the appellant must guess which ground the trial court adopted.

• In re J.D.H., No. 05-14-00504-CV, 2016 Tex. App. LEXIS 7638, at *15 (Tex. App.—Dallas July 18, 2016, no pet.): Rule 18 allows a successor judge to make findings and conclusions when the rule’s stated conditions are satisfied.

Application

The appellants completed the ordinary preservation sequence. They timely requested findings under Rule 296 and, when the trial court did not file them, timely filed a notice of past-due findings under Rule 297. The trial court nevertheless allowed the extended deadline to expire without filing findings or conclusions.

That omission was potentially harmful because the case did not involve only undisputed facts or a single legal theory apparent from the face of the judgment. The record contained disputed matters, and the appellate record did not affirmatively establish that the appellants could adequately present their issues without knowing the trial court’s factual and legal grounds. The presumption of harm therefore was not rebutted.

The court rejected the premise that Judge Lowe’s departure made correction impossible. Judge Lowe had resigned, and a successor had been appointed to the same district court. Rule 18 expressly authorizes a successor judge to make findings of fact and conclusions of law when the predecessor resigns during the predecessor’s term.

Because the missing findings impaired proper appellate presentation but could still be supplied by the successor judge, Rule 44.4 controlled the remedy. Under AD Villarai, the court was required to give the trial court an opportunity to correct the omission before deciding the merits. The court therefore abated the appeal and remanded the case with instructions for the successor judge to issue findings and conclusions and have them included in a supplemental clerk’s record.

Holding

Texas Rule of Civil Procedure 18 authorized the successor judge to issue findings of fact and conclusions of law. The original judge’s resignation did not eliminate the trial court’s ability to perform that post-judgment function because the rule specifically addresses resignation during the predecessor’s term.

The absence of findings was not shown to be harmless. The matters at issue were disputed, and the record did not affirmatively demonstrate that the appellants could identify and challenge the bases of the judgment without findings and conclusions.

Texas Rule of Appellate Procedure 44.4 required abatement and remand. Because the omission prevented proper presentation of the appeal and remained correctable, the appropriate remedy was to direct the successor judge to file findings and conclusions—not to reverse immediately for a new trial.

Practical Application

Family-law practitioners should treat preservation of findings as a deadline-driven process independent of any anticipated judicial transition. A judge’s retirement, resignation, electoral defeat, appointment to another court, or other departure does not excuse a party from timely requesting findings and filing a notice of past-due findings.

In a complex-property divorce, findings may identify whether the court characterized an asset as community or separate property, found tracing inadequate, recognized a reimbursement claim, accepted a particular valuation, or divided the estate based on a disproportionate-division factor. If several grounds could support the decree, the absence of findings may prevent focused appellate briefing.

In a conservatorship or possession case, findings may disclose the factual basis for restrictions, decision-making allocations, geographic limitations, or a best-interest determination. Practitioners should separately evaluate whether the Family Code or another statute requires issue-specific findings in addition to findings requested under Rules 296 and 297. Pahuja addresses the general findings procedure and should not be treated as a substitute for preserving any specialized statutory request.

In enforcement, contempt-adjacent, or post-divorce proceedings tried to the court, counsel should determine whether the signed order clearly identifies the violations, defenses, amounts, credits, offsets, and legal grounds supporting relief. When alternative theories are presented and the order does not disclose which one prevailed, findings may be essential to meaningful review.

A party should not assume that an appellate court will order a new trial merely because the judge who heard the evidence is no longer on the bench. The more likely remedy, when Rule 18 applies, is an abatement allowing the successor judge to issue findings. Appellate briefing should therefore explain both why the missing findings are harmful and why Rule 44.4 requires a corrective remand.

Successor-judge findings may raise additional strategic questions because the successor did not personally observe the witnesses. Counsel should examine whether the record available to the successor is complete, including exhibits, admitted deposition testimony, reporter’s records, and any prior written rulings. After findings are filed, counsel should also evaluate whether additional or amended findings should be requested and whether the appellate issues or briefing require supplementation.

Checklists

Preserving Findings After a Family-Law Bench Trial

• Calendar the Rule 296 deadline immediately after the court signs the final judgment or other appealable order.
• File a written request for findings of fact and conclusions of law within the applicable deadline.
• Confirm that the request appears in the clerk’s record.
• Identify any additional findings required by the Texas Family Code or another controlling statute.
• Calendar the trial court’s deadline to file findings under Rule 297.
• If findings are not timely filed, submit a notice of past-due findings within Rule 297’s deadline.
• Obtain file-stamped copies of both the original request and the past-due notice.
• Do not rely on informal communications with the court in place of the required filings.

Establishing Harm From Missing Findings

• Identify every disputed factual issue material to the judgment.
• List the alternative legal theories that could support the ruling.
• Explain why the judgment does not disclose which factual or legal ground the court adopted.
• Identify appellate issues that cannot be properly framed without findings.
• Determine whether implied findings would force the appellant to challenge every possible basis for the judgment.
• Address whether the record affirmatively negates harm.
• Explain why the case is not controlled by undisputed facts or a single legal conclusion.

Addressing a Change in the Trial Judge

• Verify whether the original judge died, resigned, or became disabled during the judge’s term.
• Confirm the identity and authority of the successor judge.
• Determine whether Rule 18 applies to the circumstances of the judicial transition.
• Confirm that the successor has access to the complete clerk’s and reporter’s records.
• Identify all admitted exhibits, demonstrative materials, deposition excerpts, and prior written rulings.
• Request that any findings and conclusions be included in a supplemental clerk’s record.
• Preserve objections relating to the procedure without assuming that the successor’s lack of personal observation automatically requires a new trial.

Seeking Relief in the Court of Appeals

• Request abatement and remand under Texas Rule of Appellate Procedure 44.4.
• Cite AD Villarai, LLC v. Pak for the appellate court’s obligation to permit correction of a remediable omission.
• Explain how the missing findings prevent proper presentation of the appeal.
• Demonstrate that the error remains correctable by the trial court.
• Ask for a deadline by which the trial court must issue findings and conclusions.
• Request supplementation of the appellate record after the findings are filed.
• Ask for an opportunity to amend or supplement appellate briefing if the new findings affect the issues presented.

Reviewing Successor-Judge Findings

• Compare each finding with the pleadings, admitted evidence, and relief granted.
• Determine whether the findings resolve all controlling factual disputes.
• Identify omitted elements, defenses, valuation questions, or characterization issues.
• Calendar any deadline to request additional or amended findings.
• Check whether the conclusions of law identify the governing legal standards.
• Assess whether any finding lacks legally or factually sufficient evidentiary support.
• Reevaluate the appellate issues after the supplemental record is filed.
• Amend or supplement briefing when authorized or required by the appellate court.

Citation

Pahuja v. Colors of Brazil, LLC, ___ S.W.3d ___, No. 07-26-00202-CV (Tex. App.—Amarillo Nov. 6, 2026, order) (per curiam).

Full Opinion

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