Alberstadt v. Alberstadt

Per Curiam. This is yet another attempted appeal in an equity case from the Circuit Court for Montgomery County in which the chancellor delivered an oral opinion not followed by a written order or decree. 1 Although no motion to dis ⁵⁵³ miss was made by the appellee, we must once again belabor the point that we will not entertain an appeal in equity when there is no written order or decree signed by the chancellor. As Judge Singley pointed out in Mattingly v. Houston, 252 Md. 590, 593 , 250 A. 2d 633 (1969) : “We have had occasion in the past to point out that an appeal will properly lie only from a written order or decree in equity, or from a judgment absolute at law, and not from comments by or the opinion of a lower court, or from a judgment nisi, Hayman, Admr. v. Messick, 252 Md. 384 , 249 A. 2d 695 (1969) ; Ballan v. Ballan, 251 Md. 737 , 248 A. 2d 871 (1969) ; Bell v. Shifflett, 249 Md. 104 , 238 A. 2d 533 (1968) ; Kennedy v. Foley, 240 Md. 615 , 214 A. 2d 815 (1965) ; Fast Bearing Co. v. Precision Dev. Co., 185 Md. 288 , 44 A. 2d 735 (1945) ; Alleghany Corp. v. Aldebaran Corp., 173 Md. 472 , 196 A. 418 (1938) ; Hobbs v. Payne, 127 Md. 288 , 96 A. 522 (1915); Phillips v. Pearson, 27 Md. 242 (1867) ; Maryland Code (1957, 1968 Repl.

Vol.) Art. 5, § 6. Under our practice,