City of Los Fresnos v. Gonzalez

OPINION ON MOTION FOR REHEARING

On motion for rehearing the appellant, the City of Los Fresnos, contends that we cannot abate the appeal for the entry of findings of fact and conclusions of law because the trial judge who heard the case was a visiting judge, and he no longer presides over the 357th District Court.

We agree that our original opinion requires clarification. Accordingly, we abate the appeal and instruct the Honorable Judge Joaquin Villareal, who was sitting as visiting judge of the 357th District Court, Cameron County, Brownsville, Texas, to file findings of fact and conclusions of law consistent with our original opinion. See Jacobs v. State, 681 S.W.2d 119, 121 (Tex. App.—Houston [14th Dist.] 1984, writ ref’d); Crawford v. Crawford, 315 S.W.2d 190, 191 (Tex.Civ.App.—Waco 1958, no writ).

*631We overrule appellant’s motion for rehearing.