Tippit v. Tippit
| Decision Date | 28 June 1962 |
| Docket Number | No. 6548,6548 |
| Citation | 360 S.W.2d 177 |
| Parties | Wilson C. TIPPIT, Jr., Appellant, v. Frances Benson TIPPIT, Appellee. |
| Court | Texas Court of Appeals |
George E. Baldry, Jr., Houston, for appellant.
Bedford D. Edwards, Waco, for appellee.
This is an action brought by the mother to regain the custody of a twelve year old son. The father was given custody in the original divorce. The case was heard by the judge and custody was placed in the mother, and the father given specific rights of visitation.
Appellant first complains of the failure of the trial judge to file his findings of fact and conclusions of law within the time prescribed by the Rules of Civil Procedure. Rule 297, T.R.C.P., reads as follows:
The order overruling the motion for new trial was rendered and entered September 14, 1961, and appellant filed his request for findings of fact and conclusions of law on the same date. A second request for findings and conclusions was filed October 11, 1961. The transcript in this cause was filed in the trial court November 1, 1961, and then filed in the Court of Civil Appeals November 2, 1961. The trial judge filed his findings of fact and conclusions of law in the trial court November 3, 1961, and these were brought before this court by supplemental transcript, which was filed January 18, 1962. Oral argument was heard by this court May 7, 1962. The findings and conclusions were filed by the trial judge 50 days after the overruling of the motion for new trial and therefore were 15 days late.
The general rule is that the failure of the trial court to file findings of fact and conclusions of law constitutes reversible error where the complaining party has complied with the statutory requirement in an effort to secure such filing. However, such failure will not call for a reversal if the record before the appellate court affirmatively shows that the complaining party has suffered no injury in the premises. Wagner v. Riske, 142 Tex. 337, 178 S.W.2d 117. Had the trial judge failed entirely to file findings and conclusions, this court, under Rule 434, T.R.C.P., would have been authorized to direct the trial court to file such findings and conclusions, and then consider the case on appeal. However, in this instance, even though filed late, we have the completed record before us. There is no showing in this...
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Brown v. Brown, 8151
...to be perfected and the record to be filed and under Tex.R.Civ.P. 434, any error in the late filing thereof would be harmless. Tippit v. Tippit, 360 S.W.2d 177 (Tex.Civ.App. Beaumont 1962, no Finding no reversible error, all of appellant's points are overruled and the judgment of the trial ......
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Fonseca v. Hidalgo County, 954
...n.r.e.); Joe R. Starks Construction Co., Inc., v. G. A. Mallick, Inc., 425 S.W.2d 409 (Tex.Civ.App., Fort Worth 1968, no writ); Tippit v. Tippit, 360 S.W.2d 177 (Tex.Civ.App., Beaumont 1962, no writ); Brown v. Brown, 500 S.W.2d 210 (Tex.Civ.App., Texarkana 1973, no writ); 4 McDonald, Texas ......
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Mount Enterprise Independent School Dist. v. Colley, 316
...Court and appellants have shown no harm by reason of the late filing . Under such circumstances, reversible error is not shown. Tippit v. Tippit, 360 S.W.2d 177 (Tex.Civ.App., Beaumont, 1962, n.w.h.); Schwartz v. Jacob, 394 S.W.2d 15 (Tex.Civ.App., Houston, 1965, writ ref., n. r. e.). The o......
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Schwartz v. Jacob
...818; Wagner v. Riske, 142 Tex. 337, 178 S.W.2d 117; Becker v. Schneider, Tex.Civ.App., 335 S.W.2d 850, no writ hist.; Tippit v. Tippit, Tex.Civ.App., 360 S.W.2d 177, no writ We have read the entire statement of facts and are of the view that the trial court's judgment leaving custody with t......