Estate of Cole v. Ferrell

163 So. 3d 921, 2012 WL 6062142
CourtMississippi Supreme Court
DecidedDecember 6, 2012
DocketNos. 2011-IA-01103-SCT, 2011-CA-01130-SCT
StatusPublished
Cited by15 cases

This text of 163 So. 3d 921 (Estate of Cole v. Ferrell) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Cole v. Ferrell, 163 So. 3d 921, 2012 WL 6062142 (Mich. 2012).

Opinions

KING, Justice,

for the Court:

¶ 1. In this interlocutory appeal, Ford Motor Company (Ford) wishes to preserve a confidential settlement agreement between it and the Estate- and wrongful-death beneficiaries of Brian Cole (the Coles). The case on appeal is a separate action between the Coles, their attorneys, and among the attorneys themselves regarding expenses, a contingency-fee agreement, and a fee-sharing agreement. The chancellor denied Ford’s “Motion to Preserve Confidentiality of Settlement Agreement” and “Notice of Intent to Seek Closure of Proceedings and Sealing of Documents.”

¶ 2. Aggrieved, Ford raises three issues:

I.Whether the settlement agreement is a public, judicial record or a private contract, which should be enforced.
II. Whether the state’s policy encouraging settlement agreements and the parties’ interest in abiding by the terms of that agreement are sufficient grounds to protect the settlement from public scrutiny.
III. Whether there is any overriding public interest which would require disclosure of the terms of the settlement agreement.

We find that the settlement agreement is between private parties, does not involve issues of public concern, and is unnecessary to resolve the parties’ disputes. Thus, the chancery court erred, in part, by denying Ford’s motions.

FACTS AND PROCEDURAL HISTORY

¶ 3. In 2001, Brian Cole and Ryan Cole, cousins, were returning to Mississippi from Florida. During the drive, Brian’s Ford Explorer Sport rolled over, injuring Ryan and resulting in Brian’s death.

¶ 4. Thereafter, Gregory Cole, Brian’s brother, opened an estate and initiated a wrongful-death action against Ford. After two mistrials, the third trial resulted in a jury verdict against Ford. Before the trial proceeded to the punitive-damages phase, Ford and the estate reached a settlement agreement, which Ford contends is contingent upon the confidentiality of its terms.

¶ 5. Wayne E. Ferrell Jr., an attorney for the Coles, filed a separate action— “Petition for Accounting, Apportionment of Fees and Expenses and Declaratory Judgment and Request for Injunctive Relief’— in the Chancery Court of Jasper County and named Ford and other plaintiffs’ counsel as respondents. Several attorneys filed jointly an answer and cross-claim. Based on the filings, the attorneys were at odds regarding the expenses incurred by each and the ■ terms of their fee-sharing agreement. The Coles and the attorneys [923]*923also disputed which contingency-fee agreement was in place — either a forty percent or a fifty percent contingency-fee agreement. The parties wanted Ford simply to deposit the settlement funds into the court registry. Ford agreed, contingent upon the Coles submitting an order to dismiss the action with prejudice. The chancery court approved the terms of the settlement, ordered Ford to place the funds in an account, approved disbursement of the undisputed settlement amounts, and ordered the Coles to submit an order of dismissal of the wrongful-death case.

¶ 6. Before the fee-dispute trial, Ford filed a motion “to preserve the confidentiality of the settlement agreement between Ford and the Estate and other plaintiffs.... ” In its motion, Ford sought “to preserve the confidentiality of the settlement agreement, including the amount paid in settlement.” During the first hearing on the matter, the chancery court expressed its personal preference:

The confidentiality of the settlement is going to be an issue that I will need to address at some point. The fact that the parties agree that the settlement is confidential doesn’t make it so. I’ve got to have a good reason to do that. So, we will talk about that later. I’m just putting everybody on notice that the truth is I don’t normally do that. I have, but it’s not standard operating procedure.

Then, the chancery court instructed Ford to amend its motion, setting forth specific methods by which the terms of the settlement agreement could remain confidential. Afterwards, the parties reached an agreement regarding undisputed funds and asked the court to sign an order which allowed disbursal of the undisputed amounts and directed the order be temporarily under seal. Then, Ford filed its supplemental motion. In addition to requesting that the court preserve the confidentiality of the settlement terms, Ford requested that the court permanently seal the order allowing for disbursal of the undisputed funds — which revealed various amounts to be disbursed — and “any other documents setting forth information revealing, either directly or indirectly, the terms of the settlement agreement.” Ford requested specifically that:

[A]ny documents submitted to the Court and any orders of the Court which would reveal in any way the terms of the settlement agreement should be sealed and should remain so. In addition, Ford requests that the upcoming trial of this matter, or any other hearing in which specific amounts of distribution of funds are to be discussed, be closed to the public and the transcripts of such proceedings sealed.

Ford’s motions went unopposed. Also, Ford and the Coles filed a joint motion requesting the chancery court to file the order under seal until it determined whether it should remain sealed. In agreement, the chancery court filed the order under seal until further notice.

¶ 7. Prior to the second hearing, Ford filed its “Notice of Intent to Seek Closure of Proceedings and Sealing of Documents.” The chancellor denied Ford’s motion. The court noted that the sealing of trial-court records is within its discretion and that, because the parties asked the chancellor to review the terms of the settlement agreer ment, the public had a right to access the records and court proceedings. The chancellor also stressed the judiciary’s duty to conduct business in the open. Relying on the Public Records Act, the chancellor determined that the public’s right to access trumped the state’s policy favoring settlement agreements, stating that:

[Proceeding charily, this Court is of the opinion that Ford Motor Company has [924]*924wholly failed to establish any overriding, compelling reason to overcome either the common law or constitutional presumption of public access to judicial records. In balancing the factors favoring secrecy against the common law presumption of access, this Court cannot find that the interest of Ford Motor Company in keeping this settlement secret outweighs not only the right of the public to access, but the duty of the judiciary to conduct its business in the open, in the'light of day, beyond reproach and without any interference of impropriety or favoritism.

Accordingly, the court denied Ford’s motions to maintain the confidentiality of the settlement agreement, to seal the records, and to close the proceedings.

¶ 8. Ford sought a stay of the court’s order pending the results of an interlocutory appeal. The chancellor granted the stay. Ford filed an interlocutory appeal, which this Court granted on August 31, 2011. In response, Ferrell and Nobles (the Attorneys) filed an appellee’s brief, supporting the chancellor’s rulings.

ANALYSIS

I. Standard of Review

¶ 9. The parties do not agree on the appropriate standard of review.

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Cite This Page — Counsel Stack

Bluebook (online)
163 So. 3d 921, 2012 WL 6062142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-cole-v-ferrell-miss-2012.