in Re Elaine T. Marshall, as of the Estate of E. Pierce Marshall, Elaine T. Marshall, Individually, and Elaine T. Marshall, as Trustee of the EPM Marital Income Trust

Court of Appeals of Texas

in Re Elaine T. Marshall, as of the Estate of E. Pierce Marshall, Elaine T. Marshall, Individually, and Elaine T. Marshall, as Trustee of the EPM Marital Income Trust

DecidedFebruary 15, 2017

Docket14-17-00038-CV

StatusPublished

This text of in Re Elaine T. Marshall, as of the Estate of E. Pierce Marshall, Elaine T. Marshall, Individually, and Elaine T. Marshall, as Trustee of the EPM Marital Income Trust (in Re Elaine T. Marshall, as of the Estate of E. Pierce Marshall, Elaine T. Marshall, Individually, and Elaine T. Marshall, as Trustee of the EPM Marital Income Trust) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re Elaine T. Marshall, as of the Estate of E. Pierce Marshall, Elaine T. Marshall, Individually, and Elaine T. Marshall, as Trustee of the EPM Marital Income Trust, (Tex. Ct. App. 2017).

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Opinion

Order filed February 15, 2017.

In The

Fourteenth Court of Appeals ____________

NO. 14-17-00038-CV ____________

IN RE ELAINE T. MARSHALL, AS EXECUTOR OF THE ESTATE OF E. PIERCE MARSHALL, INDIVIDUALLY, AND AS TRUSTEE OF THE EPM MARITAL INCOME TRUST, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS Probate Court No. 2 Harris County, Texas Trial Court Cause No. 365,053-401

ORDER

On January 13, 2017, real party-in-interest Preston Marshall filed an “Agreed Motion to Seal Mandamus Record,” asking this court to seal and keep sealed relator’s mandamus record, R519-R521 and R522-557, which consists of Exhibits

1 22 and 23 (the “Exhibits”), in accordance with the trial court’s orders sealing these documents. Relator, however, did not segregate these two documents from the rest of the mandamus record; instead, relator filed the Exhibits as part of a single mandamus record in a single electronic file that contains both the Exhibits and unsealed documents. This format does not allow the court to seal the Exhibits. For this court to be in a position to rule on the agreed motion to seal the Exhibits, the Exhibits must be submitted to this court’s clerk’s office on a separate disk.

We order the parties, within ten days of the date of this order, (1) to place all documents constituting the current mandamus record, except for the Exhibits, in a file on one disk, (2) to place a file with the Exhibits on a separate disk, clearly labeled as containing sealed documents that are being filed under seal, and (3) to present each disk to this court’s clerk’s office for filing as a substitute for the current mandamus record. After the parties have taken these steps, this court will strike the current mandamus record and rule on the agreed motion to seal the Exhibits.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Brown and Jewell.

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Order filed February 15, 2017.

In The

Fourteenth Court of Appeals ____________

NO. 14-17-00038-CV ____________

IN RE ELAINE T. MARSHALL, AS EXECUTOR OF THE ESTATE OF E. PIERCE MARSHALL, INDIVIDUALLY, AND AS TRUSTEE OF THE EPM MARITAL INCOME TRUST, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS Probate Court No. 2 Harris County, Texas Trial Court Cause No. 365,053-401

ORDER

On January 13, 2017, real party-in-interest Preston Marshall filed an “Agreed Motion to Seal Mandamus Record,” asking this court to seal and keep sealed relator’s mandamus record, R519-R521 and R522-557, which consists of Exhibits

1 22 and 23 (the “Exhibits”), in accordance with the trial court’s orders sealing these documents. Relator, however, did not segregate these two documents from the rest of the mandamus record; instead, relator filed the Exhibits as part of a single mandamus record in a single electronic file that contains both the Exhibits and unsealed documents. This format does not allow the court to seal the Exhibits. For this court to be in a position to rule on the agreed motion to seal the Exhibits, the Exhibits must be submitted to this court’s clerk’s office on a separate disk.

We order the parties, within ten days of the date of this order, (1) to place all documents constituting the current mandamus record, except for the Exhibits, in a file on one disk, (2) to place a file with the Exhibits on a separate disk, clearly labeled as containing sealed documents that are being filed under seal, and (3) to present each disk to this court’s clerk’s office for filing as a substitute for the current mandamus record. After the parties have taken these steps, this court will strike the current mandamus record and rule on the agreed motion to seal the Exhibits.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Brown and Jewell.

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in Re Elaine T. Marshall, as of the Estate of E. Pierce Marshall, Elaine T. Marshall, Individually, and Elaine T. Marshall, as Trustee of the EPM Marital Income Trust, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-elaine-t-marshall-as-of-the-estate-of-e-pierce-marshall-elaine-t-texapp-2017.