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

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).

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