Maryland case law › Feinberg v. George Washington Cemetery, Inc.

Feinberg v. George Washington Cemetery, Inc.

233 Md. 440 (1964) · Court of Appeals of Maryland
Court of Appeals of MarylandDisposition: Dismissed✓ Good law
HoldingThis is a per curiam opinion of the Court of Appeals of Maryland addressing the appealability of an order granting a new trial.

441 Per Curiam. After the remand in the earlier case of Feinberg v. Geo. Wash. Cemetery, 226 Md. 393 , a jury brought in a verdict for the plaintiff.

On motion for judgment N.O.V. or in the alternative for a new trial, the court denied the motion for judgment N.O.V. but granted a new trial. Since there is no final judgment to appeal from, the motion to dismiss the appeal must be granted. Snyder v. Cearfoss, 186 Md. 360, 366 ; Code (1957), Art. 5, sec. 1. In the absence of a final judgment there can be no review of the ruling on the motion N.O.V. Sears v. B. & O. Railroad, 219 Md. 118, 122 .

Appeal dismissed, with costs.