Third Court of Appeals, Austin, Texas

Case Number: 03-17-00333-CR 03-17-00334-CR

Judge: Memorandum Opinion Per Curiam Chief Justice Rose Justice Pemberton Justice Goodwin

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Plaintiff's Attorney:

The Honorable Stacey M. Soule
Mr. Joshua D. Presley
Ms. Abigail Whitaker  
The Honorable Jennifer A. Tharp

Defendant's Attorney:

Lance Turnbow

Description: In each of the above causes, the State of Texas has filed a notice of appeal from the
trial court’s order granting Brandom Garrett’s motion to suppress evidence. Prior to filing its notice
of appeal, the State filed with the trial court a request for findings of fact and conclusions of law.
The State subsequently filed with the trial court a supplemental request for findings of fact and
conclusions of law, a motion for reconsideration, and a notice of past due findings of fact and
conclusions of law. Before the trial court took any action on the State’s requests, the clerk’s and
reporter’s records were filed in this Court.
“[O]nce the trial record has been filed with [this Court], the trial court no longer has
jurisdiction to adjudicate the case.” After the trial court has lost jurisdiction, any findings of fact 1
and conclusions of law that it attempts to make are “null and void.” Consequently, when the trial 2
court is required to make findings of fact but has lost jurisdiction to do so, “[t]he proper way to
revive the trial court’s authority to take action is by abatement.” The State has thus filed in each 3
cause a motion to abate the appeal and remand the cause to the trial court so that the trial court can
state its “essential” findings of fact and conclusions of law on the motion to suppress, as the trial
court is required to do when requested by the losing party.

Outcome: