Johnson v. Wright

BLOOM, Judge. Robert Bowie Johnson, his wife, Nancy Griggs Johnson, and their two daughters, Lisa Ann and Nancy Beth Johnson, appeal from a judgment entered by the Circuit Court for Anne Arundel County in favor of appellees, First United Pentecostal Church of Annapolis, Maryland, Inc., Chester M. Wright, Alice Wright, Susan Richards, David Shaffer, David Huston, Daryl Savage, Robert Schlissler, Fred D. Bishop, and Owen Taylor. We must dismiss the appeal because it was not filed timely. The action originated with a pro se complaint, 28 pages (and 53 numbered paragraphs) in length, purporting to assert, against appellees and two persons who were never served, claims for defamation and invasion of privacy.

Upon motion, the circuit court dismissed the complaint with leave to file an amended complaint that would conform to the Maryland Rules of Procedure. Appellants retained counsel, who filed an amended complaint alleging defamation, invasion of privacy, and “interference.” The count for “interference” was dropped by appellants. Appellee Chester M. Wright filed a counterclaim for defamation. Appellees’ motion to dismiss was granted and, with leave of court, appellants filed a second amended complaint, which purported or attempted to assert claims for defamation, invasion of privacy, and conspiracy.

Upon motion by appellees, the court dismissed that complaint by order dated 10 January 1991. On 21 January 1991, appellant Robert Bowie Johnson Jr., acting pro se, filed a motion to reverse the dismissal order ¹⁸¹ of 10 January. On 12 February, seven of the appellees filed a motion, pursuant to Md. Rule 1-341, for attorneys’ fees. The court denied both the motion to revise the order of dismissal and the motion for attorneys’ fees, but granted leave to appellees to refile the motion for fees within 30 days.

Appellants, again pro se, filed a notice of appeal to this Court. We dismissed that appeal, pursuant to Maryland Rule 8-602; since the counterclaim of Chester M. Wright was still pending, there was no final judgment. Rule 2-602. In the meantime, seven of the appellees had filed a new motion for counsel fees.

Our mandate dismissing the first appeal was issued 17 June 1991. Thereafter, on 12 July 1991, the circuit court conducted a hearing on the counsel fee motion. At that hearing, the court dismissed Chester Wright’s counterclaim. On 16 July 1991, the court issued an order denying appellees’ motion for attorneys’ fees.

This appeal from the dismissal