Shipp v. Autoville Ltd.
Decision Date | 22 November 1974 |
Docket Number | No. 253,253 |
Citation | 23 Md.App. 555,328 A.2d 349 |
Parties | Carol Susan SHIPP v. AUTOVILLE LIMITED et al. |
Court | Court of Special Appeals of Maryland |
Charles C. Bowie, Rockville, with whom were Brault, Scott & Brault, Rockville, on the brief, for appellees.
Argued before ORTH, C. J., and POWERS and DAVIDSON, JJ.
This is an appeal from a judgment for costs in favor of the defendants in an ex delicto action before a jury in the Circuit Court for Prince George's County in which Carol Susan Shipp, appellant, sued Autoville Limited and John A. B. Fenwick, appellees, seeking damages for malicious prosecution and false arrest and imprisonment. The
judgment was entered upon a directed verdict granted by the court at the close of all the evidence. Maryland Rule 552. We reverse.
A preliminary issue for decision is whether the appeal is properly before us. The case was tried on 21 and 22 January 1974. The court reserved a ruling on a motion for a directed verdict made by appellees at the close of evidence offered by appellant. The course of events thereafter is shown by the docket entries:
'1/22/74 . . . At the conclusion of the entire case, Motion for Directed Verdict renewed. Motion granted.
1/22/74 Judgment nisi entered in favor of the Defendant for costs.
1-28-74 Final Judgment entered in favor of the Defendant for costs.'
On 20 February 1974 appellant filed an order of appeal. She requested the Clerk to enter an appeal to this Court '. . . from the judgment entered in this action on January 22, 1974.' This was not a final judgment. The general rule is that an appeal may be taken only from a final judgment. Courts Art. § 12-301. See Courts Art. §§ 12-302 and 12-303.
It once was that the practice followed in a law case in entering a final judgment upon a jury trial was different from the practice followed in entering a final judgment upon a bench trial. Uniformity was obtained by rule. Maryland Rule 564 b 1 provides: 'Where an action at law is tried upon the facts by the court, the court shall direct judgment nisi to be entered upon the law and the evidence.' Rule 567 a prescribes: 'A motion for a new trial as to all or part of the matters in controversy shall be filed within three days after the reception of a verdict, or, in case of a special verdict or a trial by the court within three days after the entry of a judgment nisi.' Rule 567 f declares: 'If a motion for a new trial is not made, within the time prescribed by section a of this Rule, the clerk shall enter a final judgment as of
The sole issue on the merits of the appeal is whether the court below erred in directing a verdict for appellees.
Appellant claims that the evidence adduced was sufficient to compel submission of the case to the jury. Appellees argue that it was not, and that they were properly entitled to judgment in their favor as a matter of law.
The bare facts are that appellant issued a check payable to Autoville Limited in the amount of $30.20 drawn on her account at the Suburban Trust Company for repairs Autoville had made to her automobile. She later stopped payment on the check, which was returned to Autoville uncollected for that reason. John A. B. Fenwick, Vice President of Autoville, swore out a warrant for her arrest, charging the crime proscribed by Code, Art. 27, § 144-obtaining something of value by check with intent to stop payment. She was arrested under authority of the warrant. When the case came on for trial, the prosecutor entered a nolle prosequi with the notation 'No evidence of criminal intent.' Appellant instituted an action against Autoville and Fenwick for damages arising from the malicious prosecution and false arrest and imprisonment of her. The case terminated at the close of all the evidence in the grant of a motion for a directed verdict in favor of the defendants.
We flesh out this apothegm with an account of the circumstances leading to appellant's order to stop payment and appellees' prosecution of her. The prevailing rule of law is that where the court directs in favor of one of the parties, we must assume the truth of all credible evidence in the case In 1971 appellant, then single and known as Carol Susan Pike, was a student at the University of Maryland, residing in an apartment at 3588 Powder Mill Rd., Apt. 302, Beltsville, Maryland. 5 On 31 August of that year she and her father, William Patrick Pike, purchased a new 1971 Volkswagen Super Beetle from Silver Spring Auto City, Inc. Among the accessories with which the car was to be delivered equipped as listed on the purchase order was an air conditioner at $379. On 31 May 1972 when the car had been driven about 7,300 miles, appellant took it to Autoville, an authorized service dealer, for repairs to the air conditioning and heater systems. She spoke to William Roberson, a 'service adviser'. He told her the heater was covered by warranty. His recollection was that 'She asked me about the air conditioner and, of course, she said it should be warranty. Now I wasn't too sure because warranty on the air conditioner is kind of tricky, so I said, well, I will check on it. I said, I believe she said she would check back with me later during the day. . . . I told her at that time that it was not warranty. Well, she said, 'Go ahead and fix it. It had to be fixed anyhow.''
tending to sustain the contention of the party against whom the verdict is directed as well as all inferences of fact reasonably and fairly deducible therefrom. Trionfo v. R. J. Hellman, Inc., 250 Md. 12, 15, 241 A.2d 554; Buchanan v. Galliher, 11 Md.App. 83, 87-88, 272 A.2d 814. We narrate the evidence adduced accordingly.
When she bought the car she received a Warranty Voucher, issued by Volkswagen of America, Inc. and authenticated by the selling dealer. It specified: 'The warranty commences at the date the VW automobile is delivered to the original purchaser, viz. on 9-1-71 and covers a...
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...be from a final judgment. Courts Art. § 12-301. We entertain the appeal as properly taken for the reasons set out in Shipp v. Autoville Limited, Md.App., 328 A.2d 349 filed 22 November 1974.4 The precise name of each corporation as set out in its articles of incorporation is not evident fro......
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