Steven C. Albright and Rhonda Albright v. Rhea & Sons Enterprises, Inc. D/B/A Rhea Plumbing

Opinion

ACCEPTED 03-15-00496-CV 7661158 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/3/2015 1:58:24 PM JEFFREY D. KYLE CLERK NO. 03-15-00496-CV

FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/3/2015 1:58:24 PM IN THE COURT OF APPEALS JEFFREY D. KYLE Clerk FOR THE THIRD COURT OF APPEALS DISTRICT OF TEXAS

STEVEN ALBRIGHT AND RHONDA ALBRIGHT, APPELLANTS,

— VERSUS—

RHEA & SONS ENTERPRISES, INC. D/B/A RHEA PLUMBING, APPELLEE.

FROM THE DISTRICT COURT OF LLANO COUNTY, 424TH JUDICIAL DISTRICT, HONORABLE EVAN STUBBS, CAUSE NO. 17573A __________________________________________________________________

APPELLANTS’ UNOPPOSED MOTION TO SEAL A PORTION OF THE CLERK’S RECORD __________________________________________________________________

G. Eric De Leon (eric@deleonlawoffice.com) State Bar No. 24045763 Law Office of G. Eric De Leon, PLLC 8700 Crownhill Blvd., Ste. #201 San Antonio, Texas 78209 Phone: (210) 684-4433 Fax: (210) 247-9631

November 3, 2015 Attorney for Appellants Steven & Rhonda Albright

1 TO THE HONORABLE COURT OF APPEALS:

Steven and Rhonda Albright (collectively “Albrights”) file this Unopposed

Motion to Seal a Portion of the Clerk’s Record. The Albrights would respectfully

show the following:

I. Argument

This Appeal involves a dispute between the Appellant homeowners, Steven

and Rhonda Albright and the plumbing subcontractor who performed work on their

home, Rhea & Sons Enterprises d/b/a Rhea Plumbing (“Rhea Plumbing” or

“Appellee”). The Appellants previously also asserted claims against the

individuals and entities who built their home (“General Contractor Defendants”).

The Appellants’ and General Contract Defendants settled their disputes, via

Settlement Agreement, on or about April 10, 2013. The Settlement Agreement

between Appellants and the General Contractor Defendants states that the terms

are to remain “confidential.”

As part of this appeal, the Clerk’s Record was filed on September 4, 2015.

Included in the Clerk’s record, at pages CR 190-192, is a copy of the Appellant’s

Settlement Agreement with the General Contractor Defendants. To comply with

the terms of the Agreement, Appellants’ respectfully request that pages CR 190-

192 of the Clerk’s Record be sealed. Appellant also requests that the above

2 referenced pages be immediately sealed pending determination of this Motion by

this Court.

This request to seal the above portion of the Clerk’s record is being made in

order to prevent unauthorized disclosure to the general public. Appellant requests

that both Appellant and Appellee be allowed to cite, refer to, and quote from the

sealed pages, as needed in support of their respective arguments.

II. Certificate of Conference

Pursuant to Texas Rule of Appellant Procedure 10.1(a)(5), Counsel for

Albrights, Mr. G. Eric De Leon conferred with opposing counsel, who does not

oppose this request to seal pages 190-192 of the Clerk’s Record in this case.

III. Conclusion and request for Relief

Appellant prays that the Court grant this Motion to Seal a portion of the Clerk’s

Record and for such other relief to which Appellants may be entitled.

3 Respectfully submitted,

LAW OFFICES OF G. ERIC DE LEON, PLLC 8700 Crownhill Blvd., Suite 201 San Antonio, Texas 78209 Telephone: (210) 684-4433 Facsimile: (210) 247-9631 E-mail: eric@deleonlawoffice.com

/s/ G. Eric De Leon Gilbert Eric De Leon State Bar No. 24045763

Attorney for Appellants

CERTIFICATE OF SERVICE I hereby certify that foregoing document was electronically filed with the Clerk of the Court using the electronic case filing system of the Court and served on opposing counsel of record identified below on November 3, 2015.

Bret Sanders bsanders@feesmith.com Jeffrey Boyd jboyd@feesmith.com Fee, Smith, Sharp, Vitullo LLP 816 Congress Avenue, Suite 1265 Austin, Texas 78701 Phone: (512) 479-8400 Fax: (512) 479-8402

Attorneys for Appellee Rhea Plumbing

__/s/ G. Eric De Leon _________ Gilbert Eric De Leon