In Anticipation of Another Denial, Mark Burke Files Notice Reminder for Court Opinion from Judge Lauren Reeder
Originally Published: Aug. 19, 2023 | Republished: Aug 19, 2023
“The Court is not persuaded by any of Mr. Burke’s arguments that it lacks jurisdiction in this case, or that the undersigned Assigned Judge lacks jurisdiction or authority to act in this case” – Hon. Dan Hinde, for Harris County District Court 234https://t.co/jrzzSZcza2 pic.twitter.com/EWI0lIdfwX
— lawsinusa (@lawsinusa) August 11, 2023
Your attention is respectfully called to the fact that a timely REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW was filed in the above-entitled case on July 24, 2023.
The filing date for the findings and conclusions was therefore due on or before Monday, August 14, 2023, which date has now passed pursuant to the Texas Rules of Civil Procedure. See: Tex. R. Civ. P. 297.
The reasoning: It is partly requested based on Plaintiff’s “Notice Void Order”, image no. 109328468, docketed July 21,2023 with supporting filings, including but not limited to “Notice of Void Orders in Case 2022-68307 and Case alw [sic] Exhibit “Freedom” in Support”, image no. 109328471, docketed July 21, 2023. Further, it is requested in light of Plaintiff’s anticipated legal challenge(s) to the Orders issued by this court which are void for want of jurisdiction, and include the related debacle in the void severed case 2022-68307A.
In re A.Z.F., No. 04-20-00553-CV, at *1 (Tex. App. Apr. 6, 2022)(“Appellant timely filed both a request for findings of fact and conclusions of law and notice of past-due findings of fact and conclusions of law. However, the trial court did not file findings and conclusions, and its failure to do so is presumed harmful unless the record affirmatively shows appellant suffered no harm.”)
It is the reasoning which is critical. See; In re A.Z.F., No. 04-20-00553-CV, at *1 (Tex. App. Apr. 6, 2022) (“The record affirmatively demonstrates that appellant was not required to guess the reason for the trial court’s ruling.”).
The deadline for filing the findings and requests is now extended by this NOTICE. “Upon filing this notice, the time for the court to file findings of fact and conclusions of law is extended to forty days from the date the original request was filed.” Tex. R. Civ. P. 297. You are respectfully requested to file Findings of Fact and Conclusions of Law by that date, which is calculated as due no later than Monday, September 3, 2023.
RESPECTFULLY submitted this 19th day of August, 2023.
Attip Grp. v. City of Fulshear, No. 14-20-00472-CV, at *2 (Tex. App. July 23, 2020) (“When appellant has filed a timely post-judgment motion or appropriate request for findings of fact and conclusions of law, the notice of appeal must be filed within ninety days after the date the judgment is signed. See Tex. R. App. P. 26.1(a).”)
Gene Duke Builders v. Abilene Housing Authority, No. 03-0710, at *1 (Tex. Mar. 5, 2004) (“Rule 26.1 provides in part:
The notice of appeal must be filed within 30 days after the judgment is signed, except . . . the notice of appeal must be filed within 90 days after the judgment is signed if any party timely files . . . a request for findings of fact and conclusions of law if findings and conclusions either are required by the Rules of Civil Procedure or, if not required, could properly be considered by the appellate court.
TEX. R. APP. P. 26.1. The purposes of extending the deadline to file a notice of appeal are to give the trial court time to state the basis for its judgment so that a party may determine whether to appeal and to provide the court of appeals with a useful tool for appellate review. IKB Indus. v. Pro-Line Corp., 938 S.W.2d 440, 443 (Tex. 1997). Findings of fact and conclusions of law are required upon request in any case tried in the district or county court without a jury. TEX. R. CIV. P. 296.”)
The Texas Attorney General @TXAG accused Tami Craft of engaging in Bribery and Extortion
The involvement of Harris County Judge Tamika ‘Tami’ Craft in a prior federal lawsuit against @MDAndersonNews raises concerns regarding her impartiality and ethics.https://t.co/v51V9UnVwi
— lawsinusa (@lawsinusa) August 16, 2023