Burke’s HCA Houston Healthcare Kingwood Hospital Appeal Assigned to Fourteenth Court of Appeals

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Mark Burke

v.
KPH-Consolidation Inc., d/b/a HCA Houston Healthcare Kingwood, a domestic For-Profit Corporation

14-23-00647-CV

Originally Published:  Sep 1, 2023 | Republished: Sep 2, 2023

This page will be updated frequently. Last visit, Sep. 2, 2023.

ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE SIGNED

(AND WHERE THERE IS NO SUCH MOTION)

APPEAL COURT DOCKET UPDATES

After incorrectly debiting and holding $467.76 from Plaintiff’s bank account, instead of debiting the correct $210.92 (fee with charges), the court has sent a letter of demand. They wasted so much time and caused havoc. Texas COA14 can wait for payment until the financial holds are released by the bank.

Mark,

I do apologize for that. It seems for the Sep 1st filing, there seems to be two filing attempted, one was canceled due to a system error ad the other went through. That is why it had charged you twice for two filings.

For the Sep 11th filing, it does show that the initial filing fees is $0.00, but the court then charged the $155.92, when submitting documents on our (or any) filing website, the court reserves the right to charge for certain court fees. Normally, these court fees would be added manually by the filer, not sure why in this situation the court is charging that amount automatically.

Here are some additional guides: What are the E-filing fees for my state?, Who Captures Filing Fees?, Fees FAQ.

We do not capture any fees in the state of TX, the only fees paid are court related. (This is per our contract with the state.)
Patrick
Odyssey File and Serve Technical Support

Response to Sept. 12, 2023 Questions…

Hello Mark,

I do apologize for that. It seems for the Sep 1st filing, there seems to be two filing attempted, one was canceled due to a system error ad the other went through. That is why it had charged you twice for two filings.

For the Sep 11th filing, it does show that the initial filing fees is $0.00, but the court then charged the $155.92, when submitting documents on our (or any) filing website, the court reserves the right to charge for certain court fees. Normally, these court fees would be added manually by the filer, not sure why in this situation the court is charging that amount automatically.

Here are some additional guides: What are the E-filing fees for my state?, Who Captures Filing Fees?, Fees FAQ.

We do not capture any fees in the state of TX, the only fees paid are court related. (This is per our contract with the state.)

Email correspondence 11 Sep. 2023 with Patrick Tuggle, Tyler Tech (efile TX)

Re: PAYMENT OF FEES TO APPEAL COURT

Patrick

You are failing to answer the critical questions

1. Sep. 11, 2023: Why did the portal charge $155.92 when when the envelope CORRECTLY stated $0.00 fee payable?

2. Sep 1, 2023: Why did the portal charge $155.92 twice, once on submission and AGAIN on court rejection of envelope when the portal showed the correct total of $210.92 prior to hitting submit.

As stated, I have removed ALL payment methods until I can trust the system will not keep charging indiscriminate amounts which take a week to be refunded.

The court advises that efile is the best method for payment.

My fee is due and I would appreciate you answering the question, not just discussing the method of waiting for the charges on hold being refunded.

Email correspondence 11 Sep. 2023 with Patrick Tuggle, Tyler Tech (efile TX)

Re: PAYMENT OF FEES TO APPEAL COURT

On Sep 1, I filed appeal and was to pay $205 at checkout. The filing submitted but only $155.92 was deducted from my bank (temp hold). I called your hotline and they said take it up with bank which I did and everyone blamed each other. Next, the court rejected the filing and my bank was debited again with $155.92 (temp hold).

I waited until today Sept. 11 to try and file appeal letter asking to pay court over phone and guess what happened – despite the filing on your efile portal saying $0 fee, when I hit submit, my bank was debited with $155.92 (temp hold).

As a result I have removed ALL payment methods from efile until you can tell me what the heck is going on!

Let me know ASAP or I will miss my appeal deadline for payment of fees. Mark Burke

Sep. 11 Filing Returned with comments (COA14)

The correct code to submit the filing fee is copy of notice of appeal. Please resubmit your document with the correct code and fee.

You cannot pay the filing fee over the phone. Please come to the court to pay it over the counter, if e-filing is unsuccessful.

If you decide to come in person, the court only takes cash, checks, and/or money orders. If you have any questions, please call the court.

Aug. 31, 2023

The district clerk has advised this court that a notice of appeal was filed in this case. Upon assignment of this case to the Court of Appeals, a $205.00 filing fee is now due by the filing party.

Aug 31, 2023

A post-judgment motion was filed.

Accordingly if the record has been requested and payment arrangements have been made, the reporter’s record is due to be filed in this Court within 120 days after the judgment was signed, or by Friday, December 1, 2023; Tex. R. App. P. 35.3(b)(3).

On Monday, 9/11/2023I called at 11.13 am and spoke with Tonisha Ricks as she was unresponsive to email communications and reminders.

During the call she answered that the cost of the clerk’s record would be calculated and invoiced, but upon pressing, she alerted it was $1.00 per page.

The clerks record was discussed, however, that was filed shortly after my call.

5.53 PM, Sep 2, 2023 (via email only)

Good afternoon,

2022-68307 Designation Letter

Thank you for your letter.

Two questions if I may.

(i) I have a court reporters’ record which I paid for previously. This was included as an exhibit in my amended petition filed Apr. 17, 2023.
See; Plaintiff & Counter-Defendant’s Second Amended Petition – Exhibit Court Reporter Transcript of TI Hearing, Jan 09, 2023
(a) Is that “part of the record” request or is that dealt with separately by filing of the court reporters record?
(b) Do I need to file a separate court reporters record if it’s part of your record?

(ii) Are any fees payable for the clerks’ record in this case (or is that part of the appeal fees as with federal court appeals).
If there are fees, what would that fee amount to and how is it calculated?

I look forward to hearing from you.

Photo of Chief Justice Tracy Christopher

Chief Justice Tracy Christopher

Tracy Christopher was elected Chief Justice of the 14th Court of Appeals in November 2020. She first joined the Court when she was appointed as a Justice in December 2009. Prior to her appointment, Chief Justice Christopher was the judge of the 295th District Court for 15 years,and was highly rated as a trial judge. She was honored as Appellate… Read more

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Justice Ken Wise was appointed to the 14th Court of Appeals by Governor Rick Perry in October 2013. Prior to his appointment, Justice Wise served as the judge of the 334th Judicial District Court, administrative judge of Harris County, and an adjunct professor at the University of Houston Law Center. Justice Wise is also a former judge of the 152nd… Read more

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Justice Kevin Jewell

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Justice Kevin Jewell was elected to the Fourteenth Court of Appeals on November 8, 2016.  Prior to his election, Justice Jewell was a litigation and appellate shareholder at Chamberlain, Hrdlicka, White, Williams & Aughtry in Houston, Texas, where he chaired the firm’s appellate practice group.  Before taking the bench, he handled hundreds of appeals and presented oral argument in over… Read more

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Justice Frances Bourliot

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Frances Bourliot was elected to the Fourteenth Court of Appeals in 2018. Justice Bourliot began her legal career as a staff attorney with the Texas Defender Service and the Texas Innocence Network, representing indigent capital clients on federal and state habeas appeals. She was also an Adjunct Faculty Member at the University of Houston Law Center for several years overseeing… Read more

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Jerry Zimmerer was elected Justice 14th Court of Appeals in November 2018. Jerry received his undergraduate degree from Houston Baptist University, JD from South Texas College of Law Houston, and both Masters of Laws (Health Law and International Law) from the University of Houston Law Center. He completed his legal internship at MD Anderson Cancer Center, Ethics Section, and is… Read more

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Justice Charles A. Spain

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Justice Charles A. Spain was elected to the court in 2018. He is a native Houstonian and an Eagle Scout.  He graduated from Sharpstown High School, Rice University, and Baylor School of Law.  After law school, he served as a briefing attorney for the Honorable C.L. Ray on the Supreme Court of Texas. He worked at Fulbright & Jaworski and… Read more

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Justice Margaret “Meg” Poissant

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Justice Margaret “Meg” Poissant was elected to the Fourteenth Court of Appeals on November 6, 2018. Prior to election, she had over 30 years of experience as a trial lawyer, having served as lead counsel in hundreds of cases in a broad range of civil and criminal matters in many counties in the State of Texas. Her legal expertise includes… Read more

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Justice Randy Wilson was appointed to the Fourteenth Court of Appeals by Governor Greg Abbott in December 2020, effective January 2021. Prior to his appointment, Justice Wilson was a partner at Susman Godfrey, and is board certified in Civil Trial Law by the Texas Board of Legal Specialization. He was elected to the American Board of Trial Advocates. Chambers USA… Read more

All of the filings and court reporter’s transcripts of these proceedings regarding the determination of Texas REIT’s net worth come to this court in an appendix to the motion for review and there does not appear to be an affidavit or unsworn declaration to authenticate the appendix or a statement that the information is within the personal knowledge of the attorney signing the motion. Tex. R. App. P. 10.2.

The appellate record has been filed and appellants’ brief was filed on June 9, 2023.

Appellee’s brief is due on September 8, 2023.

With the understanding that Texas REIT will authenticate the appendix to the “motion for review of supersedeas ruling” by 5:00 p.m. on Tuesday, August 29, 2023, we immediately grant the “emergency motion for temporary relief” and stay enforcement of the trial court’s August 8, 2023 supersedeas order pending further order of this court. Tex. R. App. P. 24.4.

Appellee is directed to file a response to appellant’s motion for review of the supersedeas ruling by 5:00 p.m. on Tuesday, August 29, 2023.

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