Texas Family Law Insiders Podcast

Episode: The Importance of Findings of Fact and Conclusions of Law for Appeals

Host: Holly Draper
Date: November 19, 2025

Episode Overview

In this solo episode, attorney Holly Draper delves into the “findings of fact and conclusions of law” (FOF/COL) process in Texas family law cases. She explains why timely requesting FOF/COL after a bench trial is critical, not just for appellate specialists but for every family lawyer. Draper breaks down the key rules, common mistakes, deadlines, and strategies surrounding FOF/COL, emphasizing their essential role in preserving appellate issues and how failing to request them can be fatal to certain appeals.

Key Discussion Points & Insights

1. What Are Findings of Fact and Conclusions of Law?

• Definition & Purpose
  • FOF/COL are written, judge-signed explanations of the factual findings and corresponding legal conclusions following a bench trial (not a temporary hearing).
  • They explain why the court ruled as it did, clarifying which facts the judge accepted and how laws were applied.
• When Needed
  • Primarily after final bench trials, but occasionally after other dispositive evidentiary hearings (e.g., pleas to the jurisdiction).

"They are something that the judge signs after a bench trial, not after a temporary hearing… I regularly will see people who are looking at a mandamus filing a request for findings of fact and [conclusions] of law after temporary hearings. That is not a thing. Don’t do it."
— Holly Draper [01:08]

2. Why FOF/COL Are Essential for Appeals

• Role in Limiting Appeal Issues
  • Narrow issues for appeal by identifying the exact basis of the trial court's ruling.
• Appellate Presumptions
  • If FOF/COL aren’t requested, appellate courts will presume the findings support the judgment, making appeals much harder or impossible.
• Requirement for Preservation
  • Not requesting FOF/COL can result in automatic waiver of certain claims on appeal.

"If you do not request findings of fact and conclusions of law and the court does not do them, the court of appeals will presume the facts and conclusions support the judgment... you are going to lose."
— Holly Draper [05:10]

3. Common Mistakes & Court Practices

• Misconceptions about Proposed Findings
  • Submitting proposed findings before trial (if required) does not replace the formal request for FOF/COL after judgment.
• Reliance on Oral/Memo Rulings
  • Oral findings or memorandum rulings are not enough; a formal, timely request is always required.

"Findings that a court makes on the record or in a memorandum ruling are not enough. You still need to request findings of fact and conclusions of law…"
— Holly Draper [02:46]

• Judicial Practices
  • Most judges sign whatever the prevailing party’s attorney drafts; few draft their own.
  • If tasked, focus on the main points being contested or appealed.

4. Deadlines & Critical Procedures

• Requesting FOF/COL
  • Deadline: within 20 days of the final order being signed (not from oral rendition or memo ruling).
  • Early filing is permitted, but is only effective on the date the judgment is signed.

"It is 20 days after the ultimate final decree... is signed. If you file it early, that’s okay… It will be considered filed on the date the judgment is signed."
— Holly Draper [07:04]

• No Extensions

  • The 20-day deadline cannot be extended, under any circumstances.

• Difference from Motion for New Trial

  • Motion for new trial: 30 days; FOF/COL: 20 days—a critical distinction.

• After Requesting FOF/COL

  • The court has 20 days to file its findings.
  • If not filed, you must file a Notice of Past Due FOF/COL (Rule 297) within 30 days of your original request (after the initial 20 days expire).
  • Missing this triggers the same consequences as not requesting at all.

"Within 30 days after you filed your request but after 20 days, you must file a notice of past due Findings of Fact and conclusions of law under Rule 297. If you do not do that, you are... just as bad as if you never requested."
— Holly Draper [13:13]

• Requesting Additional FOF/COL
  • If key issues or grounds are missing from initial findings, file a timely request for additional FOF/COL (Rule 298).

5. Drafting FOF/COL: Winning and Losing Parties

• Winning Side
  • Draft findings focusing on what supported the court’s result.
  • Seek samples and guidance if unfamiliar with the process; no universal form exists.
• Losing Side
  • When tasked, draft FOF/COL reflecting how you believe the court should have ruled—not against your position.

"I write them the way I feel the court should have found... do not draft findings of facts and conclusions of law that go against ultimately what you are trying to appeal. It's on the judge, it's on the prevailing party to make those findings, do not help them to do it."
— Holly Draper [10:23]

6. Unique Scenarios

• Conflicting Findings & Judgments
  • Conflicts between findings or between findings and the judgment can be fatal, resulting in reversal and remand.
• Judge No Longer on the Bench
  • A judge whose term has expired but during the window for findings still has authority to sign them.
  • Successor judges cannot file FOF/COL for trials they didn’t preside over. If the predecessor judge is unavailable, seek remand for new trial.

"A judge whose term expired during the period for filing the findings still has the authority to make those findings… The successor judge… does not have authority to file findings of fact and conclusions of law that [are] based on a trial that was heard by a predecessor judge."
— Holly Draper [16:10]

7. Lack of FOF/COL: Consequences

• Implied Findings
  • In cases where FOF/COL are not requested, appellate courts will imply all findings to support the judgment.
• No Reporter’s Record, No FOF/COL
  • Nearly impossible to succeed on appeal—the court will presume sufficient evidence existed for the ruling.

"All findings of fact necessary to support the judgment are implied. This means that most appeals based on factual sufficiency will fail without findings of fact and conclusions of law."
— Holly Draper [18:30]

8. Resources and Practice Tip

• Recommended Reading
  • Emily Miskell’s paper from the 2025 Advanced Family Law Seminar: "Findings of Fact and Conclusions of Why They Matter and How not to Mess Them Up".
• Practice Tip
  • Always calendar the 20-day deadline from the date of the order for requesting FOF/COL—even if you do not anticipate appealing.

"At the end of the day, make sure if you're going to trial, you have that deadline calendared... even if you don't think your client is going to want to appeal."
— Holly Draper [19:29]

Notable Quotes & Memorable Moments

• On Proposed Findings Not Replacing Requests:

  “Just because a court requires you to file proposed findings does not eliminate the need for you to request findings of fact and conclusions of law after the judgment has been signed, you are not protected. That deadline is still going to apply to you.”
  [00:00]

• Candid Host Insight:

  “I hate findings of fact and conclusions of law. They are, but they are a necessary evil. I hate them because most judges don't do them themselves... in my experience, judges often will sign whatever the prevailing party's attorney drafts.”
  [03:53]

• On What Happens If You Miss Deadlines:

  “If you fail to timely request, you cannot complain about the failure of the judge to make findings and the appellate court must affirm the judgment if it can be upheld under any legal theory supported by the evidence.”
  [07:37]

• On Deadlines:

  “There are no circumstances under which a court is authorized to extend this deadline.”
  [07:49]

Timestamps for Key Segments

• 00:00 — Introduction; Importance of requesting FOF/COL
• 01:08 — What FOF/COL are, when they’re needed
• 02:46 — FOF/COL after trials vs. temporary hearings; Reliance on oral rulings
• 03:53 — Judicial practices in drafting findings
• 05:10 — Why FOF/COL are critical for appeals
• 07:04 — Deadline to file request (20 days from order signing, not oral ruling)
• 09:17 — How to draft FOF/COL (winner vs. loser perspectives)
• 13:13 — Filing Notice of Past Due FOF/COL (Rule 297)
• 16:10 — Successor vs. predecessor judge authority
• 18:30 — Implied findings if FOF/COL are not requested
• 19:29 — Practice tips; recommended resources

Conclusion

Holly Draper’s episode serves as a thorough, cautionary guide to one of the most technical yet crucial areas in Texas family law litigation. Any attorney handling a contested family law trial—whether or not they handle appeals—should internalize the rules and strict deadlines surrounding findings of fact and conclusions of law to protect both their clients and their practice.