Kansas City, Mo. ? Health Midwest says it plans to appeal part of a court ruling in its lawsuit against Kansas Atty. Gen. Phill Kline.

In a written ruling last week, Johnson County District Judge Thomas E. Foster approved the $1.13 billion sale of Health Midwest to HCA Inc.

But Foster also ruled that the board of four Health Midwest subsidiaries in Kansas had breached the public’s trust by agreeing to merge into Health Midwest, which is based in Missouri. He ruled that 20 percent of the sale assets should stay in Kansas.

The sale contract requires that merger before the March 31 closing.

Health Midwest spokesman Chris Whitley said Monday that the health system had filed a notice in the Kansas Court of Appeals in Topeka that it intends to appeal parts of Foster’s order.

Whitley added that Health Midwest will continue discussions with Kline to possibly settle the lawsuit.