Plaintiff’s Notice of Appeal

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Notice of Appeal

Originally Published: Aug. 31, 2023 | Republished: Aug 31, 2023

TO THE HONORABLE COURT:

1.       Plaintiff, Mark Burke, desires to appeal from the August 3, 2023 ORDER “DEFENDANT HCA HOUSTON HEALTHCARE KINGWOOD’s NOTICE OF NONSUIT” docketed as “ORDER OF NON-SUIT SIGNED – PLAINTIFF COSTS” and  the related August 8, 2023 ORDER “PROPOSED FINAL JUDGMENT” docketed as “ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE  SIGNED”, which references and incorporates the July 19, 2023 Interlocutory  ORDER GRANTING DEFENDANT’S MOTION TO DISMISS, docketed as ORDER GRANTING SANCTIONS SIGNED   – ORDER SIGNED AWARDING ATTORNEY FEES  – PARTIAL DISMISSAL ON DEFENDANT’S MOTION – PLAINTIFF COSTS”.

2.       Mark Burke appeals to the First or Fourteenth District Court of Appeals at Houston.

RESPECTFULLY submitted this 31st 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.”)

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