JUDGE DEDRA DAVIS RESPONDS TO LIT’s ARTICLE
Are interpleaders generally restricted or sealed when filed in Texas state courts?
In Texas state courts, interpleader actions are not generally restricted or sealed by default.
The filing and proceedings of interpleader actions are typically open to the public, unless there are specific circumstances or reasons for the court to impose restrictions or seal the records.
– ChatGPT
First Tweet to LIT
FALSE NEWS! Case was filed on 3/14/23 and filers dropped the case on 4/26/23. Judge did NOT “unlawfully restrict” access to foreclosure. CHECK YOUR FACTS!
FALSE NEWS! Case was filed on 3/14/23 and filers dropped the case on 4/26/23. Judge did NOT “unlawfully restrict” access to foreclosure. CHECK YOUR FACTS! pic.twitter.com/FWyJvPYfdN
— Judge Dedra Davis (@dedradavis) May 28, 2023
Second Tweet to LIT
FALSE NEWS! Case was filed on 3/14/23. Filer DROPPED the case on 4/26/23. Judge did NOT “unlawfully restrict” access to foreclosure! Double-check facts! See attachment.
FALSE NEWS! Case was filed on 3/14/23 and filers dropped the case on 4/26/23. Judge did NOT “unlawfully restrict” access to foreclosure. CHECK YOUR FACTS! pic.twitter.com/FWyJvPYfdN
— Judge Dedra Davis (@dedradavis) May 28, 2023
LIT Response – Fact Checked and Cited
Judge Dedra’s response makes absolutely no sense.
The interpleader was sealed from the start of the case until the end of the case and even the proposed order was subsequently sealed.
The fact that the case was non-suited (“DROPPED”) is irrelevant to the fact the Interpleader-Plaintiffs Original Petition In Interpleader and subsequent order were both sealed in violation of Texas court rules and laws. See;
“Relator has not provided this court with a permanent sealing order from the trial court that complies with the requirements of Rule 76a of the Texas Rules of Civil Procedure that seals the documents in Volume 4 of the mandamus record and Exhibit 1 to the motion for stay.
Among other things, Rule 76a requires the sealing order to state, “the specific reasons for finding and concluding whether the showing required by paragraph 1, has been made; the specific portions of court records which are to be sealed; and the time period for which the sealed portions of the court records are to be sealed.” Tex. R. Civ. P. 76a(6)”.
The March 29, 2016 Agreed Protective Order referenced by relator in its motion does not seal the documents at issue and does not comply with the above-stated requirements of Rule 76a.
In re Microwave Networks Inc., No. 14-19-00810-CV, at *1 (Tex. App. Oct. 18, 2019); Bailey v. Peavy, No. 14-20-00777-CV, at *2-3 (Tex. App. Nov. 8, 2022), and;
See Federal Courts even regarding criminal cases:
Holding that nondisclosure orders of indefinite duration violated the First Amendment and the common law right of public access to courts
In re Sealing & Non-Disclosure of Pen/Trap/2703(D) Orders, 562 F. Supp. 2d 876 (S.D. Tex. 2008).
No Judge, there’s no “FAKE NEWS” on LIT, like our slogan says, “NO BULL, JUST THE FACTS.”.
202316483 –
AVT TITLE SERVICES LLC (AS SUBSTITUTE TRUSTEE) vs. BRYANT, RAYMOND C
MAR 14, 2023 | REPUBLISHED BY LIT: MAR 14, 2023
RESTRICT EVERYTHIN' JUDGE, WHEN LIT'S WATCHIN'
COMPARE; CLICK ON THE IMAGE FOR UNRESTRICTED VIEW OF PETITION FOR ANOTHER INTERPLEADER CASE
Still restricted as at Apr 18
A petition for interpleader is a legal document filed by a party who holds property or funds that are claimed by multiple parties with conflicting interests. The purpose of the petition is to seek court intervention and assistance in resolving the competing claims and determining the rightful owner or beneficiary of the property or funds.
When someone is faced with conflicting claims to property or funds, they may be unsure about who is the rightful owner or entitled to the assets. In such cases, the party holding the property can file a petition for interpleader in court. By doing so, they request the court to determine the rightful owner or beneficiary and protect themselves from liability for distributing the assets to the wrong party.
The petition for interpleader typically includes the following information:
- Identification of the property or funds in question.
- A description of the conflicting claims and the parties involved.
- An explanation of why the petitioner is unsure about the proper distribution of the assets.
- A request for the court to determine the rightful owner or beneficiary.
- A request for the court to discharge the petitioner from liability for the property or funds once it is turned over to the rightful owner.
Upon filing the petition, the court will review the claims and may require the claimants to respond and present evidence supporting their respective positions. The court will then conduct a hearing or trial to determine the rightful owner or beneficiary based on the evidence presented. Once the court makes a decision, it will issue an order directing the distribution of the property or funds and relieve the petitioner from any liability.
Interpleader actions are commonly used in situations where a party, such as a stakeholder or an escrow agent, is caught between two or more conflicting claims. The purpose of interpleader is to resolve the dispute efficiently and fairly, with the involvement of the court to ensure a just outcome.
– ChatGPT
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