Phillips v. Beavers

The sole question in this case is whether a request for findings of fact and conclusions of law extends the time for filing the appellate record under Rule 54(a) of the Texas Rules of Appellate Procedure if the case is dismissed for want of prosecution. The court of appeals dismissed the appeal. 906 S.W.2d 254. We hold that the time for filing the record was extended because the dismissal was based on an evidentiary hearing.

On January 10, 1983, R. Lowell Phillips, George T. Worley, Jr. and Worley Geological Services, Inc. filed this suit against Carl D. Beavers and others seeking more than $6…