In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-15-00017-CV
BILLY FITTS AND FREIDA FITTS, Appellants
V.
MELISSA RICHARDS-SMITH, THE LAW FIRM OF GILLAM & SMITH, LLP, E. TODD
TRACY, AND THE TRACY LAW FIRM, Appellees
On Appeal from the 71st District Court
Harrison County, Texas
Trial Court No. 14-0150
Before Morriss, C.J., Burgess and Carter,* JJ.
________________________
*Jack Carter, Justice, Retired, Sitting by Assignment
ORDER
Our review of the clerk’s record in this case indicates that it contains “sensitive data” as
that phrase is defined in Rule 9.9 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P.
9.9(a). Sensitive data includes “a driver’s license number, passport number, social security
number, tax identification number or similar government-issued personal identification number.”
TEX. R. APP. P. 9.9(a)(1). Further, “a bank account number, credit card number, or other financial
account number” is classified as sensitive data. TEX. R. APP. P. 9.9(a)(2). The clerk’s record
includes sensitive data as defined by Rule 9.9. Rule 9.9(b) states, “Unless the inclusion of sensitive
data is specifically required by statute, court rule, or administrative regulation, an electronic or
paper document containing sensitive data may not be filed with a court unless the sensitive data is
redacted . . . .” TEX. R. APP. P. 9.9(b).
Therefore, because the clerk’s record fails to protect sensitive data, we order the clerk of
this Court or her appointee, pursuant to the inherent power of this Court, to seal the electronically
filed clerk’s record in this case.
IT IS SO ORDERED.
BY THE COURT
Date: October 1, 2015
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