Knight v. Tolson

POWERS, J., delivered the opinion of the Court. We have no alternative but to dismiss this appeal, under Maryland Rule 605 a. We act sua sponte (Maryland Rule 1035 a 2) though there is no motion to dismiss. Frances A. Knight and Robert L. Knight, Sr. were passengers on May 14, 1966 in an automobile owned and driven by their son Ronald Lester Knight when it was in collision with a vehicle driven by Donald Charles Tolson.

They sued both drivers in the Circuit Court for Wicomico County. Pursuant to prearrangement the parties filed on the trial day a stipulation under Maryland Rule 501 a that “the issues of liability and damages may and should be severed for trial and that trial should first proceed before the jury on the issue of liability alone.” Judge Travers by order directed the severance of the issues. At the conclusion of the evidence and after arguments on motions, the transcript shows that Judge • Travers ruled: “* * * I hold in this case that Donald Charles Tolson, one of the Defendants, was not negligent ³¹³ and, therefore, your verdict in this case, as will be entered by the Court, is for the Defendant, Donald Charles Tolson. On the other hand, I find in this case that the accident was directly and proximately caused by the negligence of the Defendant — Knight and, therefore, your verdict in this case will be for the Plaintiffs against the Defendant — Knight and the Court enters a verdict for the Plaintiffs against the Defendant — Knight.” Docket entries transmitted to us with the record show the entry of these directed verdicts on February 10, 1970.

The next docket entry is “1970 Feb 16 Judgment extended in favor of the Defendant, Donald Charles Toulson (sic), and for Defendant’s Costs.” On March 9, 1970, appellants filed an appeal “from the judgment entered in favor of the defendant, Donald Charles Tolson, on the 10th day of February, 1970.” The trial judge was not asked to make an express determination that there is no just reason for delay, nor to make an express direction for the entry of judgment. Without such determination and direction the judgment in favor of Tolson