Valley Box Crate Factory v. Acker

On Motion for Rehearing.

It is universally held that the provision in article 2247, R.S. 1925, requiring a trial judge to file his findings of fact and conclusions of law within ten days after adjournment of the term of court at which a case is tried, is mandatory.

It is likewise uniformly held that such findings and conclusions filed after the expiration of the ten-day period are a nullity, cannot properly be placed in the record, and cannot be considered in determining the appeal. Flores v. Bank (Tex.Civ.App.) 266 S.W. 542, 543; Maverick; v. Burney (Tex.Civ.App.) 30 S.W. 566; King v. Baldwin…