Larry K. Anders v. CrossFirst Bank, a Kansas State Bank ( 2021 )

Order entered October 4, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00769-CV
LARRY K. ANDERS, Appellant
V.
CROSSFIRST BANK, A KANSAS STATE BANK, Appellee
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-05551-2018
ORDER
A sealed supplemental clerk’s record was filed in this appeal on September
30, 2021. Included within the record is a copy of the trial court’s June 17, 2021
“Agreed Order Regarding Sealed Records.” The order, as the title reflects, was
signed based on the parties’ agreement.
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. Among those conditions are
that the movant must provide public notice, the trial court must hold a hearing on
the motion in open court as soon as practicable, and the trial court must issue an
order that complies with the requirements of rule 76a(6). See id. 76a(6). The trial
court may issue a temporary sealing order in certain circumstances, but any
temporary order must set the time for the required open court hearing and direct
the movant to immediately give the public notice regarding the open court hearing.
See id. 76a(5).
The sealing order filed here does not meet the requirements of either a
temporary or final sealing order under Rule 76a and does not support the record
being filed under seal. Although we could order the sealed record be unsealed, we
determine the parties should be given an opportunity to obtain from the trial court a
final order that complies with the requirements of Rule 76a. See TEX. R. CIV. P.
76a. The sealed record SHALL REMAIN UNDER SEAL for FORTY DAYS to
allow the parties to (1) obtain such an order, (2) file written verification an order
complying with Rule 76a was not signed, or (3) file redacted documents to protect
sensitive information as contemplated under Texas Rule of Appellate Procedure
9.9. Should the trial court sign a Rule 76a sealing order, the order shall be filed in
a supplemental clerk’s record no later than FORTY-FIVE DAYS from the date of
this order. If the trial court does not sign a sealing order within the time
prescribed, the Court will order the above-noted clerk’s record unsealed.
We DIRECT the Clerk of this Court to send a copy of this order to the
Honorable Jill Willis, Presiding Judge of the 429th Judicial District Court; Collin
County District Clerk Lynne Finley; and, the parties.
/s/ BONNIE LEE GOLDSTEIN
JUSTICE