Leon Laviolette v. Michael Rutherford

Opinion

NO. 14-14-00555

IN THE FOURTEENTH COURT OF APPEALS FILED IN 14th COURT OF APPEALS HOUSTON TEXAS HOUSTON, TEXAS 4/16/2015 7:16:24 AM CHRISTOPHER A. PRINE Clerk LEON LAVIOLETTE and PAMELA LAVIOLETTE,

Appellants,

V.

MICHAEL RUTHERFORD,

Appellee.

Appealed from the 190th District Court,

Harris County, Texas

APPELLANTS' MOTION TO SEAL MEDICAL RECORDS

Jason M. Bone Texas Bar No. 24001108 P.O. Box 2853 Conroe, TX 77305 Telephone: 936-499-6332 Email: bonejason1@gmail.com

ATTORNEY FOR APPELLANTS, LEON LAVIOLETTE

APPELLANT REQUESTS ORAL ARGUMENT NO. 14-14-00555

LEON LAVIOLETTE and PAMELA LAVIOLETTE,

IDENTITY OF PARTIES & COUNSEL

Leon Laviolette, Appellant

Represented by: Jason M. Bone Texas Bar No. 24001108 P.O. Box 2853 Conroe, TX 77305 Telephone: 936-499-6332 Email: bonejason1@gmail.com

Michael Rutherford, Appellee

Represented by: John W. Palisin Texas Bar No. 15423700 1225 North Loop West, Suite 100 Houston, Texas 77008 Telephone: 713-354-4510 Facsimile: 866-842-6388

Appellants' Motion to Seal Page 2 of 7 Email: jpalisi1@progressive.com

Appellants' Motion to Seal Page 3 of 7 TABLE OF CONTENTS

IDENTITY OF PARTIES & COUNSEL 2-3

STATEMENT OF THE CASE 5

REQUEST FOR ORAL ARGUMENT 5

REQUEST TO SEAL MEDICAL RECORDS 6

PRAYER 6

CERTIFICATE OF COMPLIANCE 7

CERTIFICATE OF SERVICE 7

Appellants' Motion to Seal Page 4 of 7 STATEMENT OF THE CASE

Nature of the case. Appellants sued appellee for monetary damages

for personal injuries from an automobile collision with Appellee.

Course of Proceedings. The trial court dismissed the case for want of

prosecution. Appellants filed a notice of appeal. Appellants did not timely

file their brief. The appeals court ordered appellant to file his brief along

with a motion reasonably explaining why the brief was late on or before

February 12, 2015. Appellants did not file the brief or the motion by such

date and the appeals court dismissed the case for want of prosecution.

Appellants have filed another motion to reinstate which is pending before

the appeals court.

Trial court disposition. The trial court dismissed the case for want of

prosecution.

STATEMENT ON ORAL ARGUMENT

The Court should grant oral argument because oral argument would

give the Court a more complete understanding of the facts presented in this

motion to seal.

Appellants' Motion to Seal Page 5 of 7 REQUEST TO SEAL MEDICAL RECORDS

Appellants, Leon and Pamela Laviolette, request that their attorney,

Jason Bone, be allowed to file his personal and private medical records in

this court in a sealed manner or in a manner that they cannot be view by the

general public on in the Internet or otherwise. The content of the medical

records detail medical conditions and treatment for same and offer a

reasonable explanation, which the appeal's court has requested, as to why

the Appellants' brief was not timely filed.

PRAYER

For the reasons stated in this motion, Appellants ask the Court to

grant this motion and order that Jason Bone may file his private medical

records electronically and that such records will be sealed and not available

to the general public on the Internet or otherwise.

Respectfully submitted,

ason M. Bone State Bar No.: 24001108 P.O. Box 2853 Conroe, TX 77305 Telephone: 936-499-6332 Email: bonejason1@gmail.com Attorney for Appellants, Lee and Pamela Laviolette

Appellants' Motion to Seal Page 6 of 7 CERTIFICATE OF COMPLIANCE

I certify that this document is in a type-face no smaller than 14-point

and the word count of the document is 534.

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this motion was served on

Michael Rutherford through his counsel of record, John W. Palisin byemail

atjpalisi1@progressive.com on April 16, 2015.

son M. Bone

Appellants' Motion to Seal Page 7 of 7