 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Estep v. Georgetown Leather Design8/3/1990
ppellate court of jurisdiction over the case under federal rule 54(b).
This Court has recently reemphasized the precedence that the record takes over the oral statements or the intentions of the judge. See Robinson v. Lee, 317 Md. 371, 564 A.2d
395 (1989). Given the clear language of the applicable Maryland rules, the interpretations of those rules by this Court and the Court of Special Appeals, and the interpretations of the corresponding federal rules, we see no reason to adopt a new test based on the mootness or viability of third-party claims to determine when a judgment is to be considered as final and appealable.
We do not believe that either the public or the appellate courts of this state will be well served by a test which requires an examination of the legal relationships of all of the claims at trial and a conclusion through deductive reasoning that a judgment on one claim has obviated the need for a judgment to be entered on the remaining claims. Such a test would only make the legal system more mysterious to the general public. The value of a simple docket entry which would make clear to everyone the disposition of each and every claim in a case cannot be overemphasized.
We, therefore, hold that the Court of Special Appeals was in error when it applied a test of viability or mootness in order to determine whether a final appealable judgment on the third-party claim in the instant case existed. Application of the proper test under Rule 2-601 would have revealed that a final judgment disposing of all claims or parties was not in existence until the judgment on the third-party claim was entered on the docket on July 31, 1987. Consequently, Petitioner's appeal, filed on August 11, 1987, clearly was filed within the 30 days allotted under Rule 8-202(a) and should not have been dismissed.
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED. CASE REMANDED TO THAT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY THE RESPONDENT.
Disposition
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED. CASE REMANDED TO THAT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY THE RESPONDENT.
Judges Footnotes
Page 1 2 3 4 5 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|