Gary Pahuja, Roger D'Souza, Rajendra Prasad Pahuja, and Terrastone, LLC v. Colors of Brazil, LLC, and Colors of India, LLC
CourtTexas Court of Appeals, 7th District (Amarillo)
Date FiledNovember 6, 2026
Docket07-26-00202-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00202-CV
GARY PAHUJA, ROGER D’SOUZA, RAJENDRA PRASAD PAHUJA, AND
TERRASTONE, LLC, APPELLANTS
V.
COLORS OF BRAZIL, LLC, AND COLORS OF INDIA, LLC, APPELLEES
On Appeal from the 236th District Court
Tarrant County, Texas 1
Trial Court No. 236-310932-19, Honorable Thomas Wilson Lowe III, Presiding
November 6, 2026
ORDER OF ABATEMENT AND REMAND
Before PARKER, C.J., and YARBROUGH and PRATT, JJ.
Appellants, Gary Pahuja, Roger D’Souza, Rajendra Prasad Pahuja, and
Terrastone, LLC, appeal a judgment following a bench trial in favor of appellees, Colors
of Brazil, LLC and Colors of India, LLC. By their fifth issue presented, Appellants contend
that this Court should reverse the judgment and remand the case for a new trial because
1 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by
the Texas Supreme Court pursuant to its docket-equalization efforts. See TEX. GOV’T CODE § 73.001. In
the event of any conflict, we apply the transferor court’s case law. TEX. R. APP. P. 41.3.
the trial court failed to file findings of fact and conclusions of law and the presiding judge
retired before the applicable filing period expired. Appellees, in their responsive brief,
contend that the proper means to address the trial court’s failure is to abate and remand
the appeal to allow the trial court to enter findings and conclusions. We agree with
Appellees.
Over the course of two weeks in September of 2024, a bench trial was held in this
cause by Thomas W. “Tom” Lowe, III, presiding judge of the 236th District Court. On
December 1, the trial court issued its “Final Judgment.” On December 19, Appellants
timely filed their request for findings of fact and conclusions of law in accordance with
Texas Rule of Civil Procedure 296. When the trial court did not issue its findings and
conclusions by their due date of January 8, 2025, Appellants timely filed notice of past
due findings of fact and conclusions of law. However, the trial court did not issue findings
and conclusions by the subsequent deadline of January 28.
If findings of fact and conclusions of law are properly requested, the trial court has
a mandatory duty to file them. Zieba v. Martin, 928 S.W.2d 782, 786 (Tex. App.—Houston
[14th Dist.] 1996, no writ). The failure to file findings of fact and conclusions of law is
presumed harmful, unless the record affirmatively shows that the complaining party
suffered no injury. Id. An appellant is harmed if there are two or more possible grounds
on which the trial court could have ruled, and the appellant is left to guess as to the basis
for the trial court’s ruling. Academy Corp. v. Interior Buildout & Turnkey Constr., Inc., 21
S.W.3d 732, 739 (Tex. App.—Houston [14th Dist.] 2000, no pet.). The proper remedy
when the trial court fails to file findings of fact and conclusions of law is to request the
appellate court to abate the appeal with direction to the trial court to correct its error. AD
2
Villarai, LLC v. Pak, 519 S.W.3d 132, 136 (Tex. 2017) (per curiam); see TEX. R. APP. P.
44.4 (requiring appellate courts to direct trial court to remedy any correctable error that
“prevents the proper presentation of a case to the court of appeals”).
Upon review of the record, we find that the matters in question are not undisputed
and that the record does not affirmatively show that Appellants suffered no injury.
Consequently, we cannot conclude that Appellants suffered no harm from the trial court’s
failure to issue the requested findings of fact and conclusions of law. See Hamlett v.
Comm’n for Lawyer Discipline, No. 07-16-00256-CV, 2016 Tex. App. LEXIS 11488, at *4
(Tex. App.—Amarillo Oct. 24, 2016, order) (per curiam) (remanding for findings where
record did not affirmatively show that appellant suffered no harm due to trial court’s failure
to file requested findings and conclusions).
While Judge Lowe heard this case and issued the judgment from which Appellants
appeal, we take judicial notice 2 that the Governor of Texas appointed H. Dustin “Dusty”
Fillmore, III, as Judge of the 236th District Court on January 15, 2026, to replace Judge
Lowe, who resigned. See The Governor of the State of Tex., Appointments for January
15, 2026, 51 Tex. Reg. 443, 447 (2026). Rule 18 of the Texas Rules of Civil Procedure
allows a successor judge to make findings of fact and conclusions of law when the
preceding judge has died, resigned, or become disabled during his term of office. TEX.
2 This Court may take judicial notice of a fact that is not subject to reasonable dispute that can be
accurately and readily determined from sources whose accuracy cannot be reasonably questioned and
may do so on our own initiative. TEX. R. EVID. 201(b)(2), (c)(1); Rockstar Remodeling & Diamond Decks,
LLC v. Taddia, No. 03-19-00657-CV, 2020 Tex. App. LEXIS 2672, at *4 n.2 (Tex. App.—Austin Apr. 1,
2020, no pet.) (mem. op.) (citing In re Estate of Hemsley, 460 S.W.3d 629, 638 (Tex. App.—El Paso 2014,
pet. denied)).
3
R. CIV. P. 18; In re J.D.H., No. 05-14-00504-CV, 2016 Tex. App. LEXIS 7638, at *15 (Tex.
App.—Dallas July 18, 2016, no pet.).
Accordingly, we now abate this appeal and remand the cause to the 236th District
Court to issue findings of fact and conclusions of law under Texas Rule of Civil Procedure
18. See TEX. R. CIV. P. 297; TEX. R. APP. P. 44.4(b). The court shall cause its findings
and conclusions to be included in a supplemental clerk’s record to be filed with the Clerk
of this Court no later than Monday, December 21, 2026.
Per Curiam
4