France v. France

705 S.E.2d 399 (2011)

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Nature of the Case

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Facts

H and W entered into a Contract of Separation, Property Settlement, Child Support, Child Custody, and Alimony Agreement (the Agreement) on 17 December 2007. H and W agreed that neither party would disclose any financial information relating to the other party or any provision of the Agreement to anyone except' certain professionals, such as their attorneys and financial advisors unless compelled by law. H and W agreed to keep private certain personal information regarding each other 'unless either party is legally compelled to disclose any such information. A breach of the confidentiality provision would constitute a material breach. H filed a complaint against W on 11 September 2008, seeking an order to seal H's complaint and any future pleadings and documents filed in that action. The court sealed the pleadings and other documents and also directed to file under seal any pleadings and documents filed in any subsequent actions between the parties related to the Agreement. H then filed a new complaint, under seal, on 31 December 2008 in which H alleged W had violated certain terms of the Agreement, including the confidentiality clause. H's first claim for relief was for rescission of the Agreement, which, we note, would render void the confidentiality clause. H's alternate claims for relief were for specific performance and breach of contract. H filed motions to seal the proceedings. W joined H in seeking to have the proceedings in the action closed. The judge denied the motion. The judge held there are no compelling countervailing public interests as related to these parties, which outweigh the public's right and access to open court proceedings. H appealed. News Outlets filed a motion to determine access to judicial proceedings and documents in these matters on 17 November 2009. In a second order, Judge Culler acknowledged Judge Owens' order. In Judge Culler's second order, she stated that she had previously ordered the proceedings to be open. Judge Culler then ordered that all 'proceedings shall be open to the public and shall be unsealed. H filed a notice of appeal. The Appeals Court granted H's motion to stay 'pending determination of H's petition for writ of supersedeas.' The Appeals Court granted H's petition for writ of supersedeas and stayed implementation of Judge Culler's first and second orders.