Opinion
Appellate case number: 01-21-000082-CV
03-25-2021
Dustin Aaron and A&R Logistics Holdings, Inc. v. Katoen Natie Gulf Coast, Inc.
ORDER Trial court case number: 2020-72183 Trial court: 80th District Court of Harris County
Appellants, Dustin Aaron and A&R Logistics Holdings, Inc., have filed an "Agreed Motion for Leave to File a Redacted Brief Publicly and an Unredacted Brief Under Seal." In their motion for leave, appellants state that it is necessary to "quote from and reference portions of the trial court's records that are temporarily under seal." Accordingly, appellants seek leave from this Court to file a redacted brief publicly, and to provide the Court an unredacted brief, to be placed under seal.
Requests to seal records are governed by Texas Rule of Civil Procedure 76a. See TEX. R. CIV. P. 76a. Rule 76a provides no authority for an appellate court to make the findings necessary to decide motions to seal the record. See Envtl. Procedures, Inc. v. Guidry, 282 S.W.3d 602, 636 (Tex. App.—Houston [14th Dist.] 2009, pet. denied) ("On its face, Texas Rule of Civil Procedure 76a, entitled 'Sealing Court Records,' does not give appellate courts the authority to find the necessary facts and to determine motions to seal on appeal, and the parties have not cited any statute, rule, or case stating that appellate courts have this authority.").
However, where a trial court orders documents to be sealed in accordance with rule 76a, this Court may grant a motion to seal those documents specified by the trial court, or filings which reference the sealed documents. See R.V.K. v. L.L.K., 103 S.W.3d 612, 614 (Tex. App.—San Antonio 2003, no pet.) (noting appellate court ordered clerk to seal parties' briefs that were replete with references to and copies of portions of record ordered sealed by trial court). Appellants' motion represents that the parties have entered into an Agreed Confidentiality and Protective Order, and further, that on March 3, 2021, the trial court entered three temporary sealing orders regarding "portions of the record and the reporter's record from the temporary injunction hearing subject to this appeal." Appellants' motion further includes the Agreed Confidentiality and Protective Order and the trial court's March 3, 2021 temporary sealing orders as exhibits.
Accordingly, appellants' motion is granted. Appellants are permitted to file a redacted brief publicly, and to further file an unredacted brief in paper form, to be sealed by the Clerk of this Court. See TEX. R. APP. P. 9.4(c)(3).
It is so ORDERED. Judge's signature: /s/ Amparo Guerra
[v] Acting individually [ ] Acting for the Court Date: March 25, 2021