Order filed Novem ber 8 , 2022

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 20

- 00777

- CV

____________ FLOYD KENNETH BAILEY, JR. AND KENNETH CAMP BAILEY , Appellant s
V.

ADAM PEAVY AND ADAM PEAVY PC , Appellee s

On Appeal from the 80th Distri c t Court Harris County, Texas Trial Court Cause No. 2019

- 06454



### ORDER

A f t er a “ sealed f

irst supplemental clerk ’ s record ” was filed in this court on March 25, 2021 , o ur review determined that three specific documents ( the

u nredacted version of “ Defendants ’ Moti on to Dismiss Purs uant to the Texas Citizens Participation Act ” filed on August 31, 2020 ; “ Exhibit 2 to Defendants ’
Motion to Dismiss Purs uant to the Texas Citizens Participation Act ” filed on August 31, 2020; and “ Exhibit 3 to Defendants ’ Motion to D i smis s Purs uant to the Texas Citizens Participation Act ” filed August 31, 2020 ) contained in th at filed
record were missing every other page

. Theref ore , t his court issued an order on July 26, 2 022
, requesting that the Harr is Cou nty District Clerk fi le a s u pplementalclerk ’ s record containing the missing pages

. W e in structed the clerk in th e order
,

that if the omitted pages were not part of the case file
, to file a supplemental c lerk ’ s record cert ifying that those page s were not part of the case file

. We f ur ther
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 cou rt with complete copi es of the documents to be included in the sealed supplemental
cle r k’s record. ” This is so the trial court can review the correct and complete
docume nts for the purpose of sealing.
On August 5, 2022 , the Harris County D istrict C lerk filed a third

supp l emental clerk ’ s record cer tif ying that the missing pages were not par t of the
case file

. On September 22, 2022, a “ ‘ sealed ’ corrected supplement al clerk ’ s record

‘ court ordered ’ ” was filed in this court

. Th at clerk ’ s record contained (1 ) the trial

court ’ s March 23, 2021 order g ranting the parties ’ motion to permit sealed
d o cuments to be filed under seal in this court ; (2) d efendants ’ first supplemental designation of the clerk ’ s record filed on May 18, 2021; ( 3) d efendants ’ supplemen tal designation of the sealed clerk ’ s record f iled on February 15, 2021; (4) “ Defendants Mot i on to Dismiss Purs uant to the Texas Citizens Participation
Act ” file

- stamped September 19, 2022 ; (5) “ Exhibit 2 to Defendants ’ Motion to
Dismiss Purs uant to the Texas Citizens Participation Act ” file

- stamped September
19 , 202 2 ; and (6) “ Exhibit 3 to Defe n d ants ’ Motion to Dismiss Purs uant to the Texas Citizens Participation Act ” file

- stamped September 19 , 2022.
It does not appear that the trial court reviewed the document s with the missing pa g es pur suant to Texas Rule of Civil Proce dure 76a. See Tex . R. C i v . P.
76a. There is no order from the tria l court in compl iance 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 cou rt review the correct and complete
d ocument s , it is incumbent on the part ies to (1) properly seal the documents in the trial court pu rsuant to the procedures set forth in Rule 76a
, i.e. , file a new motionto seal in the trial cou rt with complete copies of the documents (containing all

page s ) to be included in the sealed supplemental clerk’s record ; and (2) ensure that
the Harris County Distr ict Clerk provides this court with a complete sealed supplemental clerk ’ s record , including documents containing all pages and the trial

court ’ s order g r a nting the partie s ’ motion to permit the complete sealed documents
to be filed under seal in this court within 60 days from this order

. The appeal remain s abated, treated as a closed case, and removed from this
court’s active docket. The appeal will be r e i nstated on this c ourt’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 m a y reinstate the appeal on its own
motion.

P ER CURIAM

Panel Consists of Justices Wise, Spain, and Hassan.