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Estrada v. Legacy Home Health Agency, Inc.

Court of Appeals of Texas, Fourth District, San Antonio
Mar 5, 2024
No. 04-23-01055-CV (Tex. App. Mar. 5, 2024)

Opinion

04-23-01055-CV

03-05-2024

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 purportedly denying a motion to transfer venue. The court reporter has filed the reporter's record without the exhibits admitted into evidence at the relevant hearing held on November 13, 2023. The reporter's record states: "Exhibits retained under confidentiality seal." All exhibits admitted into evidence at the relevant hearing must be included in the reporter's record and filed in this court. The only question is whether the exhibits should be filed as part of the public electronic reporter's record or under seal.

The parties have filed documents in this court concerning the confidential nature of the exhibits. The parties disagree about whether the exhibits should be filed as part of the public electronic reporter's record or under seal. Appellant argues that some of the documents should be filed under seal. Appellees argue that all the exhibits admitted at the hearing should be filed as part of the public electronic reporter's record.

We, therefore, ABATE this appeal and REMAND the case to the trial court to settle this dispute. We ORDER the trial court, on or before April 4, 2024, and after notice and hearing, to determine whether each exhibit should be filed in the public electronic reporter's record or under seal. We FURTHER ORDER the trial court to sign an order reflecting its rulings and to file findings of fact regarding this matter on or before April 14, 2024.

We ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's findings of fact within ten days of the trial court signing its order.

Appellee's motion to dismiss this appeal is CARRIED WITH THE APPEAL.

All appellate deadlines remain suspended pending further order of this court.


Summaries of

Estrada v. Legacy Home Health Agency, Inc.

Court of Appeals of Texas, Fourth District, San Antonio
Mar 5, 2024
No. 04-23-01055-CV (Tex. App. Mar. 5, 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: Mar 5, 2024

Citations

No. 04-23-01055-CV (Tex. App. Mar. 5, 2024)