Order filed November 8, 2022 

In The

Fourteenth Court of Appeals

____________

NO. 14-20-00777-CV

____________

FLOYD KENNETH BAILEY, JR. AND KENNETH CAMP BAILEY, 

Appellants

V.

ADAM PEAVY AND ADAM PEAVY PC, Appellees

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2019-06454

ORDER

After a “sealed first supplemental clerk’s record” was filed in this court on 

March 25, 2021, our review determined that three specific documents (the

unredacted version of “Defendants’ Motion to Dismiss Pursuant to the Texas 

Citizens Participation Act” filed on August 31, 2020; “Exhibit 2 to Defendants’

Motion to Dismiss Pursuant to the Texas Citizens Participation Act” filed on 

August 31, 2020; and “Exhibit 3 to Defendants’ Motion to Dismiss Pursuant to the

Texas Citizens Participation Act” filed August 31, 2020) contained in that filed 

record were missing every other page. Therefore, this court issued an order on 

July 26, 2022, requesting that the Harris County District Clerk file a supplemental 
clerk’s record containing the missing pages. We instructed the clerk in the order,

that if the omitted pages were not part of the case file, to file a supplemental clerk’s 

record certifying that those pages were not part of the case file. We further 

instructed the parties that, if those missing pages were not part of the case file, “it 

is incumbent on the parties to file a new motion to seal in the trial court with 

complete copies of the documents to be included in the sealed supplemental 

clerk’s record.” This is so the trial court can review the correct and complete 

documents for the purpose of sealing.

On August 5, 2022, the Harris County District Clerk filed a third

supplemental clerk’s record certifying that the missing pages were not part of the 

case file.

On September 22, 2022, a “‘sealed’ corrected supplemental clerk’s record

‘court ordered’” was filed in this court. That clerk’s record contained (1) the trial 

court’s March 23, 2021 order granting the parties’ motion to permit sealed 

documents to be filed under seal in this court; (2) defendants’ first supplemental 

designation of the clerk’s record filed on May 18, 2021; (3) defendants’

supplemental designation of the sealed clerk’s record filed on February 15, 2021; 

(4) “Defendants Motion to Dismiss Pursuant to the Texas Citizens Participation 

Act” file-stamped September 19, 2022; (5) “Exhibit 2 to Defendants’ Motion to 

Dismiss Pursuant to the Texas Citizens Participation Act” file-stamped September 

19, 2022; and (6) “Exhibit 3 to Defendants’ Motion to Dismiss Pursuant to the

Texas Citizens Participation Act” file-stamped September 19, 2022.

It does not appear that the trial court reviewed the documents with the 

missing pages pursuant to Texas Rule of Civil Procedure 76a. See Tex. R. Civ. P. 

76a. There is no order from the trial court in compliance with Rule 76a(6). See id.

76a(6). There is no record of a hearing pursuant to Rule 76a(5). See id. 76a(5). If 

the parties wish to seal and have this court review the correct and complete

documents, it is incumbent on the parties to (1) properly seal the documents in the 

trial court pursuant to the procedures set forth in Rule 76a, i.e., file a new motion 
to seal in the trial court with complete copies of the documents (containing all 

pages) to be included in the sealed supplemental clerk’s record; and (2) ensure that 

the Harris County District Clerk provides this court with a complete sealed 

supplemental clerk’s record, including documents containing all pages and the trial 

court’s order granting the parties’ motion to permit the complete sealed documents 

to be filed under seal in this court within 60 days from this order.

The appeal remains abated, treated as a closed case, and removed from this 

court’s active docket. The appeal will be reinstated on this court’s active docket 

when this court determines that the complete sealed supplemental clerk’s record is 

filed in this court. The court will also consider an appropriate motion to reinstate 

the appeal filed by either party, or the court may reinstate the appeal on its own 

motion.

PER CURIAM

Panel Consists of Justices Wise, Spain, and Hassan.