Notice of Appeal
Originally Published: Aug. 31, 2023 | Republished: Aug 31, 2023
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— lawsinusa (@lawsinusa) August 26, 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.”)
Hospital Chain HCA @HCAhealthcare @HCAHouston Sued in Texas for Alleged Role in Patient’s Death Amid Remdesivir – Ivermectin Debate. The financial rewards to hospitals for inpatient ranges from non-complex $64k to complex $379k and $100k+ to State of TX.https://t.co/lpQZwtxQfq
— lawsinusa (@lawsinusa) August 26, 2023