Opinion
Appellate case number: 01-17-00228-CV
04-26-2018
Darla Lexington v. T. Gerald Treece, Individually and as Independent Executor of the Estate of John M. O'Quinn, Deceased, John M. O'Quinn & Associates, PLLC, Gibbs & Bruns, LLP, Needmore River Ranch, LLC, Greg LaMantia and Joseph V. LaMantia, III, SCI Texas Funeral Services, Inc. d/b/a Geo. H. Lewis & Sons Funeral Directors, John M. O'Quinn Foundation, and Robert C. Wilson, III
ORDER Trial court case number: 392247-419 Trial court: Probate Court No. Two of Harris County
This Court's December 27, 2017 Order granted, in part, the opposed motion filed by appellant, Darla Lexington, to file her brief and appendix under seal to comply with the trial court's protective order and sealing order. That Order had also denied appellant's motion for the appellees to file their briefs and appendices under seal, without prejudice to the appellees filing their own motions.
On April 20, 2018, all appellees, T. Gerald Treece, Individually and as Independent Executor of the Estate of John M. O'Quinn, Deceased, John M. O'Quinn & Associates, PLLC, Gibbs & Bruns, LLP, Needmore River Ranch, LLC, Greg LaMantia and Joseph V. LaMantia, III, SCI Texas Funeral Services, Inc. d/b/a Geo. H. Lewis & Sons Funeral Directors, John M. O'Quinn Foundation, and Robert C. Wilson, III, have filed their unopposed motion to file their briefs under seal. Their briefs are currently due by April 30, 2018.
Appellees' motion lists a "J. Cary Gray, as Successor Independent Administrator with Will Annexed of the Estate of John M. O'Quinn, deceased," instead of T. Gerald Treece as the Independent Executor of the Estate of John M. O'Quinn. To the extent that appellees want to substitute a party, they should file a motion to amend the style of this case with an affidavit or other supporting evidence.
Requests to seal records are governed by Texas Rule of Civil Procedure 76a, which provides no authority for an appellate court to make the findings necessary to decide motions to seal the record. See TEX. R. CIV. P. 76a; see also Envtl. Procedures, Inc. v. Guidry, 282 S.W.3d 602, 636 (Tex. App.—Houston [14th Dist.] 2009, pet. denied) ("On its face, Texas Rule of Civil Procedure 76a, entitled 'Sealing Court Records,' does not give appellate courts the authority to find the necessary facts and to determine motions to seal on appeal, and the parties have not cited any statute, rule, or case stating that appellate courts have this authority."). However, appellees have also included the trial court's "Agreed Protective Order" requiring that all documents designated by the parties as "Confidential" be filed under seal, and appellees contend that they will refer to a number of these confidential documents in their briefs.
Accordingly, the Court grants appellees' motion and directs the Clerk of this Court to file the appellees' briefs and appendices under seal and not file them electronically. See TEX. R. APP. P. 9.2(c)(3) ("Documents filed under seal, . . . or to which access is otherwise restricted by . . . court order must not be electronically filed.").
It is so ORDERED. Judge's signature: /s/ Laura C. Higley
[v] Acting individually [ ] Acting for the Court Date: April 26, 2018