sought from the nonparty by parties in a case pending in the trial court. See, e.g., Tex. R. Civ. P. 192.6. In fact, Lexington sought, in the alternative, a protective order under Texas Rule of Civil Procedure 192; however, Lexington did not assert that any discovery was being sought from it in this litigation. 55 . Lexington filed its motion to dismiss on March 7, 2006. In this motion Lexington referred to 20 exhibits that it described as "filed for the Court’s in camera inspection or alternatively under seal.” The record does not reflect that the trial court sealed its record as to these documents, and, in its motion to dismiss, Lexington did not ask this court to seal its record as to these documents. 56 . See In re R.D., 955 S.W.2d 364, 366 (Tex.App.-San Antonio 1997, pet. denied) (<HOLDING>). To the extent Lexington asserts the Insureds'
holding where challenge was waived that appellate review is precluded recognizing that parties had right to trial by jury in trespass action but holding that parties waived that right under cr 3804 by not filing a demand for a jury trial holding parties waived any right they had to ask that appellate record be sealed holding that notice to counsel may be waived holding that after two years of litigation the employer had waived any right it had to compel arbitration