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Estrada v. Legacy Home Health Agency, Inc.

Court of Appeals of Texas, Fourth District, San Antonio
Jan 19, 2024
No. 04-23-01055-CV (Tex. App. Jan. 19, 2024)

Opinion

04-23-01055-CV

01-19-2024

Nora ESTRADA, Appellant v. LEGACY HOME HEALTH AGENCY, INC., Legacy Home Care Services, Inc. D/8/A All Seasons Home Care., and Restorative Health Services, LLC d/b/a Coastal Homehealth Care, Appellees


From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-09053 Honorable Monique Diaz, Judge Presiding

ORDER

LIZA A. RODRIGUEZ, JUSTICE

This is an accelerated appeal from an order denying appellant's motion to transfer venue. The clerk's record and an incomplete reporter's record have been filed. The reporter's record is missing the exhibits admitted into evidence at the hearing on the motion to transfer venue. The reporter's record states that the exhibits have been "retained under a confidentiality seal." However, the clerk's record does not contain any order sealing records.

Appellant has filed a motion for extension of time to file her brief, arguing that she cannot file her brief without the complete reporter's record, including the exhibits in question. Rule 9.2(c)(3) of the Texas Rules of Appellate Procedure provides that "[d]ocuments filed under seal, subject to a pending motion to seal, or to which access is otherwise restricted by law or court order must not be electronically filed." See TEX. R. APP. P. 9.2(c)(3).

We ORDER appellees to file a response to appellant's motion for extension of time, explaining: (1) whether or not the exhibits in question have been sealed, are subject to a pending motion to seal, or are otherwise restricted by law or court order such that they may not be electronically filed; and (2) whether or not this court should order the court reporter to file the exhibits in question in paper form. See id. Appellees' response is due on or before February 5, 2024.

All appellate deadlines are suspended pending further order from this court.


Summaries of

Estrada v. Legacy Home Health Agency, Inc.

Court of Appeals of Texas, Fourth District, San Antonio
Jan 19, 2024
No. 04-23-01055-CV (Tex. App. Jan. 19, 2024)
Case details for

Estrada v. Legacy Home Health Agency, Inc.

Case Details

Full title:Nora ESTRADA, Appellant v. LEGACY HOME HEALTH AGENCY, INC., Legacy Home…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 19, 2024

Citations

No. 04-23-01055-CV (Tex. App. Jan. 19, 2024)