Order entered November 2, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00657-CV
FELIX SORKIN, INDIVIDUALLY, GENERAL TECHNOLOGIES, INC.,
AND PRECISION-HAYES INTERNATIONAL, INC., Appellants
V.
P.T. ATLAS MANUFACTURING, L.L.C., Appellee
On Appeal from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-17416
ORDER
This is an accelerated appeal from the denial by operation of law of
appellants’ motion to dismiss under the Texas Citizens’ Participation Act
(“TCPA”). Appellants and appellee have filed their briefs.
Before the Court is appellee’s October 29, 2021 unopposed motion to allow
in camera submission of a settlement agreement attached as an exhibit to
appellee’s response to appellants’ TCPA motion. Appellee explains the
agreement, which “contains a confidential provision,” was submitted in camera to
the trial court and supports arguments in appellee’s brief.
We note that hand-delivering to the Court a copy of a document submitted to
the trial court in camera “is not a viable way to add [it] to the appellate record.”
Fallon v. M.D. Anderson Physicians Network, No. 01-18-00813-CV, 2019 WL
4019687, at *3 (Tex. App.—Houston [1st Dist.] Aug. 27, 2019, no pet.) (mem.
op.). We further note that nothing in the record before us reflects the exhibit was
sealed in the trial court in accordance with Texas Rule of Civil Procedure 76a or
that access to the exhibit is otherwise restricted by law. See TEX. R. CIV. P. 76a
(setting forth requirements for sealing court records and defining court records for
purposes of the rule). Accordingly, we DENY the motion without prejudice to
appellee demonstrating that access to the exhibit is restricted by law or obtaining a
sealing order from the trial court that complies with the requirements set forth in
rule 76a and having the exhibit along with a copy of the sealing order included in a
supplemental clerk’s record. See id.; TEX. R. APP. P. 34.5(c)(1),(e). Alternatively,
appellee may have filed a supplemental clerk’s record containing a copy of a
redacted version of the exhibit. See TEX. R. APP. P. 34.5(c)(1),(e).
/s/ KEN MOLBERG
JUSTICE