Opinion
Appellate case number: 01-16-00044-CV
07-12-2016
ORDER Trial court case number: 2013-33584 Trial court: 152nd District Court of Harris County
The parties were previously ordered to identify any order that seals any of the documents submitted in this appeal. In response, TMX identified a December 2014 Stipulated Protective Order, entered in the trial court, that addresses confidential, unfiled documents but does not seal filed court records.
There is no indication that the documents submitted in this appeal are protected from public disclosure by a Rule 76a sealing order. Appellate opinions are prohibited from being sealed. TEX. R. CIV. P. 76a(1); see TEX. R. APP. P. 47.3. Information contained in the redacted and in camera filed documents are necessary to determine the special appearance issue. Therefore, the parties are hereby notified that we may refer to any and all of the materials marked as redacted or as in camera in the appellate opinion to issue in this case. The only exception is the exact dollar amounts referenced on pages 9 and 19 of Appellant's unredacted brief.
If either party wishes to continue to assert that documents should not be referenced in the appellate opinion to issue in this case, that party must notify this Court by Wednesday, July 27, 2016 that it will pursue a Rule 76a sealing order from the trial court. In reviewing any Rule 76a motion, the trial court should consider an appellate court's obligation to publish an opinion that "addresses every issue raised and necessary to final disposition of the appeal" and to advise the parties of "the basic reasons" for the court's decision. TEX. R. APP. P. 47.1, 47.4. No opinion will issue before this July 27 deadline.
It is so ORDERED. Judge's signature: /s/ Harvey Brown
[v] Acting individually [ ] Acting for the Court Date: July 12, 2016