Haskell v. Carey

• Decision Date: 27 October 1982
• Docket Number: No. 149,149
• Citation: 451 A.2d 658,294 Md. 550
• Parties: Bruce B. HASKELL et ux. v. Willard F. CAREY et ux.
• Court: Maryland Court of Appeals

Page 550

294 Md. 550

451 A.2d 658

Bruce B. HASKELL et ux. v. Willard F. CAREY et ux.

No. 149.

Court of Appeals of Maryland.

Oct. 27, 1982.

Alan Chep, Annapolis (Alan J. Hyatt and Hyatt & Chep, P.A., Annapolis, on brief), for appellants.

Robert L. Burchett, Rockville (Miller, Miller & Canby, Rockville, on brief), for appellees.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

DAVIDSON, Judge.

The respondents, Willard F. Carey and Hazel Carey (owners), owned fee simple title to certain unencumbered property located in Montgomery County (property). After their failure to pay property taxes, the property was sold at a tax sale to the petitioners, Bruce B. Haskell and Evelyn M. Haskell (buyers), on 11 June 1979.

On 19 March 1981, in the Circuit Court for Montgomery County, the buyers petitioned to foreclose the owners' right to redeem the property. The owners were served on 24 April 1981, but failed to respond. On 16 July 1981, the trial court entered a "final decree" foreclosing the owners' right of redemption.

On 6 August 1981, within 30 days after entry of the "final decree," the owners, alleging that their failure to respond was due to their age, ill health, and other personal problems, moved the trial court to revise its "final decree" and allow them to redeem their property. On 26 August 1981, the trial court, exercising its broad discretionary power over unenrolled judgments, set aside its previous "final decree" of foreclosure.

The buyers filed an appeal to the Court of Special Appeals. While that appeal was pending, the buyers filed a petition for a writ of certiorari in this Court. We issued such a writ before consideration by the Court of Special Appeals. We shall affirm the judgment of the trial court.

This case presents a question concerning the relationship between Maryland Code (1974, 1980 Repl.Vol.) § 6-408 of the Courts and Judicial Proceedings Article, and Maryland Code (1957, 1980 Repl.Vol.), Art. 81, § 113. More particularly, the question presented is whether a trial court has the broad discretionary power to revise an unenrolled ¹ judgment ² foreclosing a property owner's right to redeem property sold at a tax sale for nonpayment of taxes.

The relevant statutory provisions are § 6-408 of the Courts Article ³ and Art. 81, § 101, § 112, and § 113. ⁴

Section 6-408 of the Courts Article provides:

"For a period of 30 days after the entry of a judgment, or thereafter pursuant to motion filed within that period, the court has revisory power and control over the judgment. After the expiration of that period the court has revisory power and control over the judgment only in case of fraud, mistake, irregularity, or failure of an employee of the court or of the clerk's office to perform a duty required by statute or rule." (Emphasis added.)

Article 81, § 101 provides in pertinent part:

"The equity court, upon the filing of a bill to foreclose the right of redemption, shall have full equity jurisdiction to give full and complete relief under the provisions of this subtitle, in accordance with the general equity jurisdiction and practice of the said court, and with all provisions of all laws and rules of court relating to the equity courts of the county in which the property is located, except as otherwise provided in this subtitle...." (Emphasis added.)

Section 112 provides in pertinent part:

"At the expiration of the time limited in the order of publication, and in the subpoena, the court shall pass its decree in the proceedings, in accordance with the general equity jurisdiction and practice of the said court. The decree shall be final and conclusive upon the defendants, their heirs, devisees and personal representatives.... If the court shall find for the plaintiff, the decree shall vest in the plaintiff an absolute and indefeasible title in fee simple in the property.... Once a final decree has been granted, the plaintiff shall become immediately liable for the payment of all taxes due and payable thereafter." (Emphasis added.)

Section 113 provides in pertinent part:

"No application shall thereafter be entertained to reopen any final decree rendered under the provisions of this subtitle except on the ground of lack of jurisdiction or fraud in the conduct of the proceedings to foreclose...." (Emphasis added.)

While this Court has previously applied Art. 81, § 113 in cases involving enrolled judgments of foreclosure of the right of redemption with respect to properties sold at tax sales, e.g., Arnold v. Carafides, 282 Md. 375, 377-79, 384 A.2d 729, 730-31 (1978); James v. Zantzinger, 202 Md. 109, 113-16, 96 A.2d 10, 12-13 (1953), we have not previously considered the precise question presented here involving the applicability of § 113 to unenrolled judgments. In Perryman v. Suburban Development Corp., 33 Md.App. 589, 365 A.2d 570 (1976), the Court of Special Appeals determined that § 113 applied to unenrolled judgments of foreclosure of the right of redemption. There that Court held that a decree foreclosing the right of redemption under § 113 was conclusive, that that statute does not permit the application of the revisory power conferred by Md.Rule 625 a; ⁵ and that even though unenrolled, a decree foreclosing the right of redemption could not be reopened except for lack of jurisdiction or fraud in the conduct of the proceedings to foreclose. After the Court of Special Appeals' decision in Perryman, the Legislature enacted § 6-408 of the Courts Article. Shortly thereafter, this Court reversed the decision of the Court of Special Appeals on other grounds, Suburban Development Corp. v. Perryman, 281 Md. 168, 377 A.2d 1164 (1977). In a footnote, however, we stated:

"In directing dismissal of this appeal we are not to be understood as either approving or disapproving the Court of Special Appeals' conclusion that the revisory powers granted a circuit court by Maryland Rule 625 do not extend to cases involving foreclosure of the right of redemption. However, should the question arise again its resolution should be considered in light of our ruling in Owen v. Freeman, 279 Md. 241, 367 A.2d 1245 (1977), ⁶ concerning Rule 625 as it relates to Dismissal Rule 528 L of the Supreme Bench of Baltimore City, which was decided subsequent to the ruling of the Court of Special Appeals in this case." Suburban Dev. Corp., 281 Md. at 169 n. 1, 377 A.2d at 1164 n. 1 (emphasis added).

Thus, the precise question here remained unanswered by this Court.

The question of the applicability of Art. 81, § 113 to unenrolled judgments of foreclosure of the right of redemption was raised again in Scheve v. McPherson, 44 Md.App. 398, 408 A.2d 1071 (1979). There, the Court of Special Appeals found that § 113 and § 6-408 of the Courts Article were inconsistent. That Court pointed out that at the time the Legislature enacted § 6-408, it was presumably aware of this Court's language in Owen, 279 Md. at 245, 367 A.2d at 1248, indicating that Rule 625 a "applies to all final judgments." The Court of Special Appeals concluded that "the 1977 enactment was intended to prevail...." Scheve, 44 Md.App. at 415-16, 408 A.2d at 1082. Thus, in effect, that Court held that Art. 81, § 113 was not applicable to unenrolled judgments. Although in the instant case we conclude that Art. 81, § 113 is not applicable to unenrolled judgments, we reach this result for reasons other than those expressed by the Court of Special Appeals in Scheve.

The cardinal rule of statutory construction is to ascertain the actual intent of the Legislature. The primary source from which to determine the intention of the Legislature is the language of the statute itself. In determining whether the meaning of a statute is ambiguous, it is not proper to confine interpretation to the isolated section to be construed. Rather, in determining the meaning of a particular provision or section, even where its language appears to be clear and unambiguous, it is necessary to examine that provision or section in its context. If the statutory language is ambiguous, the statute is to be construed reasonably and with reference to the purpose to be accomplished. Bledsoe v. Bledsoe, --- Md. ---, ---, 448 A.2d 353, 356 (1982); State v. Loscomb, 291 Md. 424, 429, 435 A.2d 764, 767 (1981); Comptroller of the Treasury v. John C. Louis Co., 285 Md. 527, 538, 404 A.2d 1045, 1052-53 (1979).

The language of Art. 81, § 113, that provides that a final judgment of foreclosure of the right of redemption should not be revised except on the grounds of lack of jurisdiction or fraud in the conduct of the proceedings to foreclose, appears to be clear and unambiguous. When examined in the context of Art. 81, § 101 and § 112, however, it is unclear whether the limits placed on the trial court's power to revise are applicable to such unenrolled as well as enrolled judgments.

Article 81, § 101 provides that in a case involving foreclosure of the right of redemption, a trial court may grant complete relief "in accordance with the general equity jurisdiction and practice of the said court, and with all provisions of all laws and rules of court relating to the equity courts ... except as otherwise provided in this subtitle...." From time immemorial, in Maryland, the distinction between a trial court's broad discretionary power to revise an unenrolled judgment, and its limited power to revise an enrolled judgment has been a part of equity practice. Maryland Lumber Co. v. Savoy Construction Co., 286 Md. 98, 102, 405 A.2d 741, 743 (1979); Bailey v. Bailey, 181 Md. 385, 387-88, 30 A.2d 249, 250 (1943); Burch v. Scott, 1 Gill & J. 393, 398-400 (1829); § 6-408 of the Courts Article; Md.Rules 625 a and 671 a; see Ayre v. State, 291 Md. 155, 159-60, 433 A.2d 1150, 1153 (1981). Section 6-408 of the Courts Article is a legislative enactment that embodies this part of equity practice.

Article 81, § 113, which specifically limits the circumstances under...