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Claibourne v. Willis11/13/1997
n to strike an order whose filing his "negligence" or "carelessness" facilitated, and then a motion to reconsider its denial. The court believed that he should have admitted his mistake, rather than cause his adversary "to incur . . . extensive attorney's fees."
The record in this case supports Claibourne's counsel's contention that his case met the Newman standard. Clearly, as our disposition of the issue reflects, the final judgment argument was somewhat better than simply "fairly debatable" and, therefore his basis for asking the court to strike or alter the order of dismissal was at least "within the realm of legitimate advocacy," notwithstanding our affirmance of the court's rejection of it. Accordingly, we conclude that the assessment of counsel fees under the circumstances was an abuse of discretion.
JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE CITY DENYING MOTION TO STRIKE ORDER OF DISMISSAL AFFIRMED; JUDGMENT ASSESSING COUNSEL FEES AGAINST APPELLANT'S COUNSEL REVERSED. COSTS TO BE PAID ONE-HALF BY THE APPELLANT AND ONE-HALF BY THE APPELLEE.
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