# Times Herald Printing Co. v. Jones

> Texas Supreme Court · April 29, 1987 · 30 Tex. Sup. Ct. J. 396

URL: https://www.frixlaw.com/law-library/cases/1675376

## Case

- **Full name:** The TIMES HERALD PRINTING COMPANY, Petitioner, v. Wayne C. JONES, M.D., Et Al, Respondents
- **Court:** Texas Supreme Court
- **Decided:** April 29, 1987
- **Citations:** 30 Tex. Sup. Ct. J. 396; 730 S.W.2d 648; 1987 Tex. LEXIS 331
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1675376

## Opinion text

PER CURIAM.
This is an appeal by The Times Herald Printing Company from an order denying a motion to unseal court records. The facts are set out in the opinion of the Court of Appeals. 717 S.W.2d 933 (Tex.App.—Dallas 1986). Since Times Herald was never a party to or an intervenor in the cause of action, the appeal should have been dismissed.
Gunn v. Cavanaugh,
391 S.W.2d 723 (Tex.1965); TEX.R.CIV.P. 60. We hold that the trial court and court of appeals erred in assuming jurisdiction. The record shows that the motion to unseal was filed and that Times Herald attempted to intervene after the trial court lost plenary power over its judgment.
First Alief Bank v. White,
682 S.W.2d 251 (Tex.1984); TEX.R. CIV.P. 329b. The court of appeals erred in disposing of this issue by implying that the district court only lost its plenary power to
alter
or
change
the judgment and that it still had plenary power to
uphold
the judgment. The trial court had no jurisdiction to consider the Motion to Unseal, because the judgment sealing the records was final in all respects. The court of appeals’ judgment conflicts with TEX.R.CIV.P. 329b. Therefore, pursuant to TEX.R.APP.P. 133(b), a majority of the court grants the application for writ of error and without hearing oral argument, the judgment of the court of appeals is vacated and the cause is dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1675376. Public record. Not legal advice.
