Dabrowski v. Dondalski
| Decision Date | 01 September 1988 |
| Docket Number | No. 647,647 |
| Citation | 551 A.2d 933,77 Md.App. 747 |
| Parties | Bernard DABROWSKI v. Angeline DONDALSKI, et vir. , |
| Court | Court of Special Appeals of Maryland |
George M. Church (Tom James and Whiteford, Taylor & Preston, on the brief), Towson, for appellant.
Alexander R. Martick, Baltimore, for appellees.
Argued before MOYLAN, KARWACKI and ROSALYN B. BELL, JJ.
The appellees, Angeline and Anthony Dondalski (hereinafter Mrs. Dondalski), sued the appellant, Bernard Dabrowski, t/a Bernard Dabrowski & Son Funeral Home (Dabrowski), for injuries incurred when Mrs. Dondalski on May 11, 1981, slipped and fell on the steps of the Dabrowski Funeral Home.
In September of 1984, Dabrowski moved for summary judgment on the grounds that Mrs. Dondalski had failed to allege facts sufficient to establish negligence and that Mrs. Dondalski had been contributorily negligent as a matter of law. Mrs. Dondalski filed her response on May 27, 1985, including a request for a hearing. It was, coincidentally, on that same day that Judge Joseph H.H. Kaplan awarded summary judgment to Dabrowski without an opinion. Under Maryland Rule 2-535, Mrs. Dondalski filed a timely Motion to Strike Judgment. On October 10, 1985, Judge Joseph I. Pines granted the Motion by marginal Order and without opinion. It cannot be determined whether his decision was based upon the merits or upon the procedural flaw of ordering summary judgment against Mrs. Dondalski without having given her the benefit of a hearing.
On October 28, 1986, the case came on for trial before a Baltimore City jury, presided over by Judge Mary Arabian. At the close of all of the evidence, Judge Arabian granted the appellant's Motion for Judgment on the grounds that Mrs. Dondalski had failed to show sufficient facts to establish negligence and that Mrs. Dondalski had been contributorily negligent as a matter of law.
Mrs. Dondalski, by way of an alternative appeals route, requested an In Banc review pursuant to Maryland Rule 2-551. A panel of the Circuit Court for Baltimore City, presided over by Judge Joseph I. Pines as Chairman and including Judges Clifton J. Gordy and Thomas E. Noel, overturned the judgment in favor of the appellant and ordered a new trial. This appeal is taken from that judgment of the In Banc panel.
On our own motion, we conclude that this appeal must be dismissed since it is not from a final judgment within the contemplation of Md.Cts. & Jud.Proc.Code Ann. § 12-301 (1984). Initially, we look to the provisions of Maryland Rule 2-551 dealing with the procedure for In Banc review. Subsection (h) provides:
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Board of License Com'rs for Montgomery County v. Haberlin
...terminate the circuit court proceedings in this case. Reliance is placed on the Court of Special Appeals' decision in Dabrowski v. Dondalski, 77 Md.App. 747, 551 A.2d 933, cert. granted, 316 Md. 107, 557 A.2d 255 (1989), which does support the appellees' position. 2 We have today filed our ......
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Dabrowski v. Dondalski, 20
...appeal on the ground that the January 26, 1988, order by the court in banc was not a final appealable judgment. Dabrowski v. Dondalski, 77 Md.App. 747, 551 A.2d 933 (1989). The Court of Special Appeals relied on a decision dismissing an appeal from the grant of a new trial by a single circu......
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Dabrowski v. Dondalski
...316 Md. 107 557 A.2d 255 Dabrowski v. Dondalski NO. 584 SEPT. TERM 1988 Court of Appeals of Maryland MAY 03, 1989 Reported below: 77 Md.App. 747, 551 A.2d 933. ...