Opinion
Appellate case number: 01-20-000582-CV
08-27-2020
In re Molina Healthcare, Inc.
ORDER Trial court case number: 2017-77084 Trial court: 113th District Court of Harris County
On August 18, 2020, relators, Molina Healthcare, Inc. and Molina Healthcare of Texas, Inc., filed a petition for writ of mandamus challenging four orders of the trial court, including an August 15, 2020 order, which relators assert would require the production of privileged materials, and the trial court's August 15, 2020 order denying relators' motion for continuance of the September 7, 2020 trial setting.
In connection with their petition for writ of mandamus, relators filed an "Unopposed Motion for Leave to File Document Under Seal," requesting that this Court allow relators to file their sworn mandamus record under seal. According to relators' motion, a "public version" of the mandamus record was filed with slip sheets inserted to note where "sealed documents" were omitted for filing 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.").
If the trial court orders documents to be sealed in accordance with Rule 76a, then this Court may grant a motion to seal only those documents specified by the trial court. 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); see also Navasota Res., L.P. v. First Source Tex., Inc., 206 S.W.3d 791, 794 (Tex. App.—Waco 2006, no pet.) (Gray, C.J., dissenting) ("The trial court signed an unopposed protective order limiting discovery of documents[] and made no express findings on whether those documents constituted court records. Therefore, I cannot rely upon compliance with Rule 76a in the trial court to seal the brief or the information that it contains on appeal as well.").
Relators' motion to seal states that the trial court "previously granted" leave to all parties to "file certain documents under seal" and that an Agreed Protective Order has been entered by the trial court in the underlying proceeding. However, upon review, neither the current mandamus record before the Court nor relators' motion to seal include any sealing order from the trial court showing compliance with, or an exception to, Rule 76a, specifying any documents, transcripts, and/or exhibits have been ordered sealed.
Accordingly, we deny relators' "Unopposed Motion for Leave to File Document Under Seal," without prejudice to refiling providing evidence of an order of the trial court sealing records in compliance with Texas Rule of Civil Procedure 76a or providing authority for records to be filed under seal in this Court.
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court Date: August 27, 2020