Interesting Procedural Notes

The recent case of City of Dallas v. PDH Holdings, in the course of rejecting the application of estoppel to bar the enforcement of a zoning ordinance, made two observations about procedural matters of broad general interest:

• Deemed Findings. “PDT argues that because there are no findings of fact and conclusions of law, we imply all findings necessary to support the judgment. While this is true, implied findings must have support in the record on a theory of law applicable to the case. Contrary to what PDT seemed to suggest at oral argument, this does not mean we have carte blanche to craft a remedy based on a theory unsupported by the pleadings or imply findings that have no evidentiary support in the record.”
• Other Districts. “[W]e are not bound by decisions from our sister courts.” (citation omitted).

No. 05-22-00730-CV (June 16, 2023) (mem. op.) (all emphasis added).