Opinion
05-21-01066-CV
02-02-2022
GIOVANNI FILARDO, Appellant v. BAYLOR SCOTT AND WHITE HEALTH, Appellee
On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-18611
ORDER
BONNIE LEE GOLDSTEIN, JUSTICE
A sealed clerk's record was filed on January 6, 2022. Although it contained appellee's unopposed motion to seal certain records and a temporary sealing order, it did not contain a permanent sealing order. At our request, a supplemental clerk's record has been filed containing the trial court's December 9, 2021 permanent sealing order. In that order, the trial court orders the following documents permanently sealed:
Under Texas Rule of Civil Procedure 76a, court records are generally presumed to be open to the general public and may be sealed only upon motion and if certain conditions are met. See Tex. R. Civ. P. 76a. Based upon the orders before us, and the record below, it appears that the requirements of 76a were met.
1. Pages i, 8, 9, 10, 12, 13, 14, 16, 24, and all of page 15 in Defendant's Motion for Summary Judgment, filed on September 17, 2021;
2. Exhibit A to Defendant's Motion for Summary Judgment, titled "Declaration of Steven Sample," Defendant's Summary Judgment Appendix No. 1-70;
3. Exhibit C to Defendant's Motion for Summary Judgment, titled "Declaration of Dr. Andrew Masica," Defendant's Summary Judgment Appendix No. 76-119; and
4. Exhibit D to Defendant's Motion for Summary Judgment, titled "Declaration of Jaime Walkowiak," Defendant's Summary Judgment Appendix No. 120-134.
A handwritten notation on the order states "If discrete pages cannot be sealed, the Clerk is hereby ordered to seal the Motion."
Because there is no order sealing the entire clerk's record, we STRIKE the sealed clerk's record. We ORDER Dallas County District Clerk Felicia Pitre to file, WITHIN TWENTY DAYS of the date of this order, both (1) a sealed clerk's record containing the documents set forth above that the trial court has ordered permanently sealed and (2) a clerk's record without seal containing the remainder of the documents currently contained in the sealed clerk's record.
Appellant's brief on the merits is currently due February 7, 2022. On the Court's own motion, we extend the deadline for appellant's brief to thirty days after the clerk's record and sealed clerk's record are filed.
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Pitre and all parties.