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Estep v. Georgetown Leather Design8/3/1990
-party claim. Petitioner argues that the trial judge would not have signed such an order if there had been a final disposition of the third-party claim on June 13, 1986. Petitioner attempts to distinguish the cases from other jurisdictions relied on by the Court of Special Appeals, and urges us to disapprove the test which examines the mootness and viability of related claims to determine the finality of judgments.
Respondents urge this Court to adopt a less mechanical reading of the applicable rules than that espoused by Petitioner. Respondents point to the fact that the third-party complaint would have required a finding by the jury only if Petitioner had been successful at trial. The reality of the situation, as perceived by Respondents, is that when Petitioner lost at trial, all of her claims were adjudicated, as were all the claims between Respondents. Since the jury verdict effectively disposed of the third-party claim, Respondents assert that the judgment entered on June 13, 1986, was final and appealable as to all claims before the trial court, even though each claim was not specifically noted on the docket. Respondents claim that the decision of the Court of Special Appeals reflects the reality of the situation and should therefore be affirmed by this court.
For an appellate court to entertain an appeal, the issue must generally be taken from a final judgment. We agree with Petitioner's statement that in order for a judgment to be considered final and appealable in Maryland, two criteria must be met. The judgment must settle the rights of the parties, thereby concluding the cause of action, and the judgment must be entered on the docket. Maryland Rules 2-601 and 2-602, read jointly, set forth the specific requirements which must be met in order for a judgment to be entered and to conclude the cause of action.
Although Maryland's appellate courts have never addressed the precise situation in the instant case, the issue of what constitutes a final appealable judgment has been the subject of numerous cases. See Planning Board of Howard Co. v. Mortimer, 310 Md. 639, 530 A.2d 1237 (1987), and cases cited therein. For an appellate court to have subject matter jurisdiction, an appeal must generally be taken from a final judgment or an appealable interlocutory order. Md.Code (1984 Repl.Vol. and 1989 Cum.Supp.) ยงยง 12-301 and 12-303 of the Courts and Judicial Proceedings Article.
In order to avoid piecemeal appeals and duplication of efforts and costs in cases involving multiple claims and/or multiple parties, Federal Rule of Civil Procedure 54(b) was adopted in the federal courts, and Rule 2-602 was adopted in the Maryland courts. Therefore, in either jurisdiction an action involving multiple claims or multiple parties is viewed as a "single judicial unit ordinarily requiring complete disposition before a final appealable judgment may be entered." Planning Board, 310 Md. at 647, 530 A.2d at 1241. An order or judgment that would be final and appealable except for the fact that it does not dispose of all of the claims and adjudicates the rights and liabilities of all the parties, may be appealed only when the trial court in the exercise of its discretion makes an express determination that there is no just reason for delay. Blucher v. Ekstrom, 309 Md. 458, 524 A.2d 1235 (1987); East v. Gilchrist, 293 Md. 453, 445 A.2d 343 (1982); Lang v. Catterton, 267 Md. 268, 297 A.2d 735 (1972); Brooks v. Ford Mot
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