Opinion
14-22-00868-CV 14-23-00164-CV
03-14-2024
JUAN ENRIQUEZ, Appellant v. EDUARDO ORIHUELA, Appellee
On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 17-CV-1173
Panel consists of Justices Wise, Zimmerer, and Spain.
ORDER TO ABATE
PER CURIAM
In this appeal of the trial court's order sealing documents, pro se appellant Juan Enriquez alleges there was error in the trial court's order sealing court records. See Tex. R. Civ. P. 76a(8) ("Any order . . . relating to sealing or unsealing court records shall be deemed to be severed from the case and a final judgment which may be appealed by any party . . . who participated in the hearing preceding issuance of such order."). The trial court signed an order on October 31, 2022 granting appellee Eduardo Orihuela leave to file Enriquez's medical records under seal. Enriquez opposed the sealing of his medical records.
In this appeal, Enriquez argues that the trial court's sealing order did not comply with the requirements of Rule 76a. See Tex. R. Civ. P. 76a. We agree that the trial court's order did not comply with the requirements of Rule 76a(6), which requires the following:
A motion relating to sealing or unsealing court records shall be decided by written order, open to the public, which shall state: the style and number of the case; the specific reasons for finding and concluding whether the showing required by paragraph 1 has been made; the specific portions of court records which are to be sealed; and the time period for which the sealed portions of the court records are to be sealed. The order shall not be included in any judgment or other order but shall be a separate document in the case; however, the failure to comply with this requirement shall not affect its appealability.Tex. R. Civ. P. 76a(6). The trial court's order does not contain any findings. The record before us does not reflect whether the trial court complied with the requirement in Rule 76a to hold a hearing with proper notice. See Tex. R. Civ. P. 76a(4).
However, the rule allows this court to abate the appeal and direct the trial court to fix the deficiencies: "The appellate court may abate the appeal and order the trial court to direct that further public notice be given, or to hold further hearings, or to make additional findings." Tex.R.Civ.P. 76a(8). Therefore, we order the trial court to (1) direct that further public notice be given and properly filed, or to hold further hearings, or to make additional findings, as necessary to comply with the requirements of Texas Rule of Civil Procedure 76a and (2) sign and file with the trial-court clerk an order on motion to seal court records compliant with Rule 76a no later than April 12, 2024. We further order the trial-court clerk to prepare, certify, and file with the clerk of this court a supplemental clerk's record containing the trial court's finding of fact no later than 15 days after the trial court signs and files the finding.
Including directing the movant to file a verified copy of the posted notice with the clerk of the court in which the case is pending and with the Clerk of the Supreme Court of Texas. See Tex. R. Civ. P. 76a(3).
This consolidated appeal will be abated and treated as a closed case. This consolidated appeal will be reinstated on this court's active docket without further order of this court when the supplemental clerk's record is filed with the clerk of this court. This court will also consider an appropriate motion to reinstate the appeal filed by either party, or this court may reinstate the appeal on its own motion.