RESPONSE TO PLAINTIFF AND COUNTER-DEFENDANT’S PLEA IN ABATEMENT
Originally Published: Dec. 16, 2022 | Republished: Dec. 20, 2022
“10. Unsatisfied with their conclusion, Burke created a website, www.kingwooddr.com, designed to defame, intimidate, and harass HCA Kingwood and its employees, agents, representatives, and attorneys.
Burke’s website also includes each filing related to his lawsuit against HCA Kingwood.”
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, HCA HOUSTON HEALTHCARE KINGWOOD (“HCA Kingwood”), a Defendant and Counter-Plaintiff in the above-numbered and entitled cause, and files this Response to Plaintiff and Counter-Defendant’s Plea in Abatement.
Plaintiff and Counter-Defendant Mark Burke (“Burke”) alleges that HCA Kingwood’s Original Counterclaim and Application for Temporary Injunction and Permanent Injunction must be abated because he did not receive a request for a correction, clarification, or retraction as required under the Texas Defamation Mitigation Act (“DMA”) Texas Civil Practice & Remedies Code § 73.055(a).
The DMA applies to defamation claims.
See Texas Civil Practice & Remedies Code §73.054. HCA Kingwood is not asserting a claim for defamation or seeking damages arising out of harm to personal reputation caused by the false content of a publication.
Instead, HCA Kingwood maintains its allegations against Mark Burke for harassment, stalking, and tortious interference with existing contracts, as cited in its Original Counterclaim and Application for Temporary Injunction and Permanent Injunction.
Therefore, the DMA does not apply, and Burke is not entitled to abatement.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant and Counter-Plaintiff, HCA HOUSTON HEALTHCARE KINGWOOD, prays that, upon final hearing, this Court deny Plaintiff and Counter-Defendant’s Plea in Abatement and for any other and further relief to which it may be entitled.
Respectfully submitted,
SERPE ANDREWS, PLLC
By: /s/ Nicole G. Andrews
Nicole Andrews
Texas Bar No. 00792335
nandrews@serpeandrews.com
Madison J. Addicks
Texas Bar No. 24132017
maddicks@serpeandrews.com
America Tower
2929 Allen Parkway, Suite 1600
Houston, TX 77019
(713) 452-4400 – Telephone
(713) 452-4499 – Facsimile
ATTORNEYS FOR COUNTER-PLAINTIFF, HCA HOUSTON HEALTHCARE KINGWOOD
CERTIFICATE OF SERVICE
This will certify that a true and correct copy of the foregoing document has been forwarded to Mr. Burke pursuant to the Texas Rules of Civil Procedure on the 16th day of December, 2022.
Mark Burke
46 Kingwood Greens Dr
Kingwood, Texas 77339
Plaintiff Pro Se
via e-service
/s/ Nicole G. Andrews
Nicole G. Andrews
doctor
