In Re North Houston – TRMC, LLC D/B/A HCA Houston Healthcare Tomball v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 22, 2024
• Docket: 14-24-00023-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Majority and Dissenting Opinions filed February 22, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00023-CV

IN RE NORTH HOUSTON – TRMC, LLC D/B/A HCA HOUSTON HEALTHCARE TOMBALL, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 129th District Court Harris County, Texas Trial Court Cause No. 2022-43811

MEMORANDUM DISSENTING OPINION

Relator’s mandamus record states there is a transcript of the September 11, 2023 oral hearing, suggesting there is relevant testimony from the underlying proceeding and possibly exhibits offered in evidence. See Tex. R. App. P. 52.7(a)(2). Relator has not filed that transcript as a part of the mandamus record.

Without commenting on whether that transcript and possible exhibits would change whether relator is entitled to the requested relief, I would give relator notice and allow relator to either supplement the mandamus record or file a statement that no testimony was adduced in connection with the matter complained. See Tex. R. App. P. 52.7(a)(2), (b).

I dissent to reaching the merits without notifying relator and allowing an opportunity to cure. See In re Kholaif, 624 S.W.3d 228, 231 (order), mand. dism’d, 615 S.W.3d 369 (Tex. App.—Houston [14th Dist.] 2020) (orig. proceeding).

/s/ Charles A. Spain Justice

Panel consists of Justices Bourliot, Zimmerer, and Spain (Spain, J., dissenting).