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Cortez v. Johnston

Court of Appeals Sixth Appellate District of Texas at Texarkana
Nov 15, 2013
No. 06-13-00120-CV (Tex. App. Nov. 15, 2013)

Opinion

No. 06-13-00120-CV

11-15-2013

JUDGE CARLOS CORTEZ, Appellant v. COYT RANDAL (RANDY) JOHNSTON, Appellee


On Appeal from the 298th District Court

Dallas County, Texas

Trial Court No. DC-10-14346


Before Morriss, C.J., Carter and Moseley, JJ.

ORDER

Carlos Cortez has filed an appeal from an order denying his motion to seal court records and vacating extant sealing orders. At this point, only a notice of appeal has been filed. The order, signed October 29, 2013, was provided to this Court by Cortez in connection with a contemporaneously-filed petition for writ of mandamus.

The case is now before this Court after transfer by the Texas Supreme Court from the Fifth Court of Appeals.

We perceive that if the documents which are the ultimate focus of this appeal are released to the public by the district clerk, the purpose of the appeal—to prevent their release—will be vitiated, and the appeal would be moot.

To protect our jurisdiction, we therefore temporarily stay the trial court's October 29, 2013, Order Denying Motion to Seal and Vacating Sealing Order while we consider the merits of the appeal. See Dallas Morning News v. Fifth Court of Appeals, 842 S.W.2d 655, 658 (Tex. 1992) (orig. proceeding).

The clerk of this Court is directed to transmit a copy of this order to the attorneys of record, the trial court judge, and the trial court clerk.

IT IS SO ORDERED.

BY THE COURT


Summaries of

Cortez v. Johnston

Court of Appeals Sixth Appellate District of Texas at Texarkana
Nov 15, 2013
No. 06-13-00120-CV (Tex. App. Nov. 15, 2013)
Case details for

Cortez v. Johnston

Case Details

Full title:JUDGE CARLOS CORTEZ, Appellant v. COYT RANDAL (RANDY) JOHNSTON, Appellee

Court:Court of Appeals Sixth Appellate District of Texas at Texarkana

Date published: Nov 15, 2013

Citations

No. 06-13-00120-CV (Tex. App. Nov. 15, 2013)