Justia Civil Procedure Opinion Summaries

This case involves a dispute between a homeowner and a citizens association over a parcel of undeveloped land. The parcel was divided into two sections by a stone wall. The homeowner claimed adverse possession over the entire parcel, but in an amended complaint, treated the two sections as distinct parcels acquired at different times and on different grounds. The homeowner moved for summary judgment on the claim to the smaller section, which the circuit court granted. A different judge presided over the bench trial on the homeowner’s claim to the larger section. When the homeowner finished his case-in-chief, the citizens association moved for judgment. The trial court granted the citizens association’s motion and entered judgment for it on the homeowner’s claims, including the claim to the smaller section that had been resolved in the homeowner’s favor on summary judgment.The trial court's decision was appealed to the Appellate Court of Maryland which affirmed the trial court’s disposition of the homeowner’s claims to both the smaller and larger sections. The homeowner then petitioned for certiorari to the Supreme Court of Maryland.The Supreme Court of Maryland held that the circuit court abused its discretion by implicitly vacating the summary judgment entered in the homeowner’s favor on his claim to the smaller section and then entering judgment for the citizens association on that claim. The court also held that the Appellate Court erred in conditionally reinstating the Association’s counterclaim for a prescriptive easement. The case was remanded for further proceedings consistent with the opinion. View "Riley v. Venice Beach Citizens Ass'n" on Justia Law

The Supreme Court of Maryland has ruled that the term "rent" under Real Property § 8-401, as applied to residential leases, refers to the fixed, periodic payments a tenant is required to make for use or occupancy of a rented premises. This definition excludes additional charges such as late fees, attorney’s fees, and court costs. The court also ruled that any provision in a residential lease that allows a landlord to allocate payments of "rent" to other obligations, thereby subjecting a tenant to eviction proceedings based on failure to pay "rent", violates Real Property § 8-208(d)(2). Further, penalties for late payment of rent, capped at 5% of the monthly amount of rent due, are inclusive of any costs of collection other than court-awarded costs. Finally, the court ruled that the Circuit Court erred in declining to review the merits of the tenants’ second renewed motion for class certification. The case has been remanded for further proceedings in line with these holdings. View "Westminster Management v. Smith" on Justia Law

The Supreme Court held that the Maryland Tort Claims Act's (MTCA), Md. Code Ann. State Gov't (SG) 12-104(a)(1), waiver of sovereign immunity as to a "tort action" does not extend to federal statutory claims.Plaintiff brought this action against Defendants, her former employer and supervisor, regarding her termination from Morgan State University (MSU). Because Plaintiff included claims of retaliation in violation of the National Defense Authorization Act (NDAA), 41 U.S.C. 4712, and the American Recovery and Reinvestment (ARRA), Pub. L. No. 11-5, 1553 Defendants removed the suit to federal district court. The district court dismissed the action with prejudice. The United States Court of Appeals for the Fourth Circuit vacated the district court's order and remanded the matter with directions to address whether Maryland has waived state sovereign immunity against federal whistleblower claims by enacting the MTCA. The district court answered the question in the negative. The Supreme Court answered an ensuing certified question by holding that "a tort action" under the MTCA does not include federal statutory claims. View "Williams v. Morgan State University" on Justia Law