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In re Hale

Fourth Court of Appeals San Antonio, Texas
Nov 2, 2017
No. 04-17-00631-CV (Tex. App. Nov. 2, 2017)

Opinion

No. 04-17-00631-CV

11-02-2017

IN RE Cynthia S. HALE


Original Mandamus Proceeding

This proceeding arises out of Cause No. 2017-CI-16203, styled In the Matter of the Marriage of Jennifer Hall and Cynthia Suzanne Hale, In the Interest of S.Z.H., R.A.H., and S.G.H., Children, pending in the 57th Judicial District Court, Bexar County, Texas, the Honorable Stephani A. Walsh presiding.

CORRECTED ORDER

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

On September 29, 2017, Relator filed an emergency motion for stay. On October 10, 2017, Relator filed a petition for writ of mandamus. In the body of her petition, Relator identifies a minor by name. In addition, the appendices to Relator's petition for writ of mandamus and motion for emergency stay include unredacted documents identifying the minors by name. Texas Rule of Appellate Procedure 9.9(b) requires sensitive data be redacted. Sensitive data includes the "name of any person who was a minor when the underlying suit was filed." TEX. R. APP. P. 9.9(a)(3). Sensitive data must be redacted as set out by Texas Rule of Appellate Procedure 9.9(c). Because Relator failed to comply with the requirements of Texas Rule of Appellate Procedure 9.9, we ORDER Relator's petition and motion for temporary relief STRICKEN. Relator may file an amended petition and motion, solely for the purpose of redacting all sensitive data, no later than November 6, 2017.

On October 27, 2017, Real Party in Interest filed a response to the petition for writ of mandamus. The appendix to the response includes unredacted documents identifying the minors by name. Because Real Party in Interest failed to comply with the requirements of Texas Rule of Appellate Procedure 9.9, we ORDER Real Party in Interest's response to Relator's petition for writ of mandamus STRICKEN. Real Party in Interest may file an amended response, solely for the purpose of redacting all sensitive data, within two days of Relator filing her redacted petition for writ of mandamus and motion for stay.

If all parties timely file redacted pleadings and appendices as provided by this order, oral argument in this case will remain scheduled for November 29, 2017 at 11:00 a.m.

It is so ORDERED on November 2, 2017.

PER CURIAM

ATTESTED TO: /s/_________

Keith E. Hottle,

Clerk of Court


Summaries of

In re Hale

Fourth Court of Appeals San Antonio, Texas
Nov 2, 2017
No. 04-17-00631-CV (Tex. App. Nov. 2, 2017)
Case details for

In re Hale

Case Details

Full title:IN RE Cynthia S. HALE

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 2, 2017

Citations

No. 04-17-00631-CV (Tex. App. Nov. 2, 2017)