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EX PARTE Paula DINARDI (IN RE: Paula DiNardi v. Ronan Francis McSharry)
PETITION DENIED; NO OPINION.
This case is before this Court on Paula DiNardi's petition seeking a writ of mandamus directed to the Baldwin Circuit Court regarding two separate orders entered by that court. I would issue the writ and direct the trial court to vacate its August 14, 2019, order sealing certain filings in this case. It is my belief that before sealing the record in a case, which prevents the public from gaining knowledge of the issues involved in the litigation, a trial court is required, pursuant to this Court's established precedent, to determine whether a movant has met his or her burden of demonstrating by clear and convincing evidence that the requested filings are due to be sealed. See Holland v. Eads, 614 So. 2d 1012 (Ala. 1993). I further believe that the aggrieved party here, on the issue of having sealed or unsealed records, is the general public, so the hearing pursuant to Holland is required for the trial court to review the information and to issue written findings, thus balancing the right of the general public to know against a litigant's right to nondisclosure.
SHAW, Justice.
Parker, C.J., and Bolin, Wise, Bryan, Mendheim, and Mitchell, JJ., concur. Sellers and Stewart, JJ., dissent.
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Docket No: 1180978
Decided: October 30, 2020
Court: Supreme Court of Alabama.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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