When can a court of appeals consider findings of fact? In what situations should a litigant request findings of fact?
A court of appeals can consider findings of fact — and a litigant should consequently request them — whenever the trial court judge served as finder of fact a/k/a fact finder. See Sears Roebuck & Co. v. Wilson, 963 S.W.2d 166, 168 (Tex. App. — Fort Worth 1998, no pet.). If a trial court judge grants summary judgment, the judge has held that there are no facts to find. Consequently, findings of fact on the granting of a summary judgment would be improper. See Williams v. Americas Tire Co., Inc., 190 S.W.3d 796, 811 (Tex. App. — Dallas 2006, pet. denied).
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