In re Michael Joseph Kearns--Appeal from 166th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00636-CV IN RE Michael Joseph KEARNS Original Mandamus Proceeding1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and filed: August 27, 2008 PETITION FOR WRIT OF MANDAMUS DENIED On August 20, 2008, relator filed a petition for writ of mandamus in which he asks this court to order the trial court to issue findings of fact and conclusions of law following the trial court s rendering of a summary judgment in favor of the real party in interest. Findings of fact are inappropriate to summary judgments and should be ignored. See Eland Energy, Inc. v. Rowden Oil & Gas, Inc., 914 S.W.2d 179, 188 n.7 (Tex. App. San Antonio 1995, writ denied); see also Linwood v. NCNB Tex., 885 S.W.2d 102, 103 (Tex. 1994) ( findings of fact and conclusions of law have no place in a summary judgment proceeding ). Accordingly, because findings of fact and conclusions of law are not appropriate in a summary judgment proceeding, relator has not established that respondent abused her discretion by failing to file any requested findings or conclusions. 1 This proceeding arises out of Cause No. 2007-CI-13911, styled Michael Joseph Kearns v. Sundok Lee Caraway, filed in the 166th Judicial District Court, Bexar County, Texas. 04-08-00636-CV Therefore, relator is not entitled to the relief sought, and the petition is DENIED. TEX . R. APP . P. 52.8(a). Relator shall pay all costs incurred in this proceeding. PER CURIAM -2-
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