This appeal addresses the application of the open court principle to court-approved settlements involving minors or persons under disability, as required by Rule 7.08 of the Rules of Civil Procedure.
The appellants sought sealing orders for motion records related to these settlements, arguing that such motions, heard in writing, are not subject to the open court principle, or that the court's parens patriae jurisdiction, privacy interests, and solicitor-client privilege justify sealing.
The Court of Appeal dismissed the appeals, affirming that the open court principle applies to written proceedings and that neither parens patriae nor solicitor-client privilege provides a freestanding basis for sealing orders.
The court found that the appellants did not meet the Sherman test for a sealing order, as the privacy interests were not at serious risk of undermining dignity, and the protection of minors/disabled persons and solicitor-client privilege were not seriously jeopardized by public access.
