Page-Loten v. Howard
| Citation | 260 Md. 1,271 A.2d 349 |
| Decision Date | 07 December 1970 |
| Docket Number | No. 147,PAGE-LOTEN,147 |
| Parties | Dorothy M.v. John B. HOWARD et ux. |
| Court | Court of Appeals of Maryland |
William E. Gallagher, Jr., Rockville, for appellees.
Argued before HAMMOND, C. J., and BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ.
This is the latest in the long line of suits by real estate brokers against erstwhile customers. The land is in Montgomery County; the case was filed in Frederick County; the trial took place in Calvert County before Bowen, J., without a jury. 'Judgment Nisi' in favor of the appellees (defendants below) was entered on 25 February 1970. On 26 March 1970 the Clerk of the Circuit Court for Calvert County was directed to 'enter an appeal to the Court of Appeals from the judgment for the defendants.' The judgment nisi is the only judgment ever entered in the case. To repeat what we said in Merlands Club, Inc. v. Messall, 238 Md. 359, 208 A.2d 687 (1965), and confirmed in A. & A. Masonry Contractors, Inc. v. Polinger, 259 Md. 199, 269 A.2d 566 (1970), 'any order for appeal filed prior to the entry of * * * (a) judgment absolute is premature and without effect.' While we shall dismiss the appeal, the appellant may find consolation in learning that even had we entertained it we would have affirmed Judge Bowen's decision.
The trial generated about 100 pages of testimony. Judge Bowen confessed that it was a 'close case' and, indeed, that it gave him a headache. However, he faced up to the necessity of having 'to decide it one way or another.' We have examined with care the testimony, noting the conflicts therein, the exhibits, and Judge Bowen's careful and comprehensive opinion. He was there; he saw the witnesses; he heard them testify. Maryland Rule 886 would require us to give 'due regard' to his 'opportunity * * * to judge the credibility of the witnesses.' We are satisfied that we would be unable to say his judgment on the evidence was clearly erroneous. Nor is there any indication that he misapplied the controlling principles of law.
Appeal dismissed. Costs to be paid by the appellant.
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Shipp v. Autoville Ltd.
...judgment absolute, even through the clerk should have entered judgment, Aronstamn v. Coffey, 259 Md. 47, 267 A.2d 741; Page-Loten v. Howard et ux., 260 Md. 1, 271 A.2d 349; in the absence of both a judgment nisi and absolute, A. & A. Masonry v. Polinger, 259 Md. 199, 269 A.2d 566; when ther......
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Wietzke v. the Chesapeake Conference Ass'n
...them, visited the site after a heavy rain, as we have noted, and observed that the drainage problem “ is not acute today.”Id. at 10–11, 271 A.2d at 349. We will not disturb a trial judge's decision to deny a litigant's requested jury instructions if the instruction given is a correct exposi......
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