Justia Civil Procedure Opinion Summaries

While living in Maryland, Petitioner opened a personal line of credit and a credit card account with Respondent. Respondent later filed two complaints against Petitioner in a Maryland district court, one for the outstanding balance on the credit card account and the other for the amount owed on the line of credit. At the time of the filings, Petitioner was living and working in Texas. Respondent was awarded default judgments. Respondent subsequently secured two writs of garnishment in the same actions from the district court. The writs were served on the resident agent of Petitioner’s employer. Petitioner moved to quash the writs, arguing that his wages earned solely for work he performed in Texas were not subject to garnishment in Maryland. The district court denied the motions to quash. The Court of Appeals affirmed, holding that the district court in its continuing and ancillary jurisdiction properly ordered Petitioner’s wages earned in Texas to be subject to garnishment served upon Petitioner’s employer because of the employer’s continuous and systematic business in Maryland. View "Mensah v. MCT Fed. Credit Union" on Justia Law

Petitioner filed suit against Respondents in the circuit court, alleging tort and contract claims. Petitioner served the opposing parties with its complaint along with a completed Case Information Report (CIR). Petitioner checked the “yes” in the Jury Demand section of the CIR but filed no other pleadings or papers in the case asserting the right to a trial by jury. Defendants moved to confirm a bench trial, arguing that the manner in which the alleged jury demand had been elected by reference was procedurally defective. The motions judge granted the motion, concluding that a completed CIR is neither a “pleading” nor separate “paper” within the meaning of Maryland Rule 2-325(a), and therefore, Petitioner’s right to trial by jury had been waived because Petitioner did not comply with the Rule. The case proceeded to a bench trial, and a final judgment was entered in favor of Respondents. The Court of Appeals affirmed, holding that a CIR, whether served or unserved, does not constitute a separate “paper” within the meaning of Rule 2-325, and therefore, Petitioner’s failure to comply with the Rule resulted in a waiver of the right to a jury trial. View "Lisy Corp. v. McCormick & Co." on Justia Law

This case concerned a request for certain public records for specific nutrient management plans (NMP) of various private farming operations. Waterkeeper Alliance, Inc. (WKA) submitted the requests, without success, to the Maryland Department of Agriculture (MDA) pursuant to the Maryland Public Information Act (PIA). Other parties became involved in the ensuing litigation, including the Maryland Farm Bureau, Inc. (MFB). In 2009, the circuit court issued an order (2009 Order) in which it granted the MDA’s cross-motion for summary judgment and denied MFB’s motion for summary judgment. No further litigation activity was reflected on the docket. In 2010, the MDA received another PIA request regarding specific NMP information, this time from a co-plaintiff in the WKA action. In the resulting litigation, the circuit court issued an order (2011 Order) granting MFB’s motion for clarification and declaring how the 2010 PIA request was controlled by the 2009 decision. The court of appeals affirmed. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that the 2011 Order, like the 2009 Order, was not a final judgment, as it did not resolve all the claims before the trial court, and none of the immediate appealability exceptions to the requirement of a final judgment were applicable. View "Waterkeeper Alliance, Inc. v. Dep't of Agriculture" on Justia Law

In 2009, Trans Healthcare, Inc. (THI) filed a petition requesting that an individual and his firm be appointed as receiver over THI and forty-three related entities. THI’s petition was granted. Approximately eighteen months after the appointment, the receiver requested that a substitute receiver be appointed. The motion was granted. Almost six months later, Francina Spivery-Jones, a creditor, filed a motion to vacate the receivership, challenging the subject matter jurisdiction of the circuit court. The circuit court denied the motion. Spivery-Jones appealed. The court of special appeals dismissed the appeal, concluding that the order denying the motion to vacate the receivership was not a final judgment, nor was it appealable under Md. Code Ann. Cts. & Jud. Proc. 12-303 or under the collateral order doctrine. The Court of Appeals affirmed, holding that Spivery-Jones had no right of appeal pursuant to section 12-303(3)(iv) or the collateral order doctrine. View "Spivery-Jones v. Trans Healthcare, Inc." on Justia Law