Mathieson v. Delmont

FISCHER, Judge. Appellants 1 appeal from a consent judgment with stipulations entered by the Circuit Court for Montgomery County (Ferretti, J.). Appellee asks us to dismiss the appeal on the ground that no appeal lies from a consent judgment, and we are constrained to oblige. ²⁰¹ Evelyn S. Campbell died on November 28, 1983. By her will dated October 16, 1970, Ms. Campbell left her entire estate to a niece, Rita Delmont.

Ms. Delmont filed a Petition for Probate and, on February 2, 1984, was appointed Personal Representative of Ms. Campbell’s estate. After receipt of notice of the appointment, appellants collectively decided to contest the will. A Petition to Caveat was filed by appellants on August 3, 1984. Allegations of the petition were that Ms. Campbell was not legally competent to make a will at the time the will was executed and that Ms. Campbell was unduly influenced by Ms. Delmont to make the will.

Trial on the caveat was scheduled in the Circuit Court for Montgomery County on August 11, 1986. In the summer of 1986, the parties, through their attorneys, attempted to reach a settlement. The attorneys arrived at what they thought was an agreement, and on the morning of trial, Ms. Delmont’s attorney notified the assignment office that the case had been settled. All of the attorneys confirmed their oral agreement by signing identical letters, prepared by her attorney containing the terms of settlement.

The parties, however, were unable to effectuate this agreement, and on June 16, 1987, Delmont, through her new attorneys, David S. Greene and Cassandra P. Hicks, filed a Motion to Reset the case on the Trial Calendar. Appellants responded by filing a Motion to Enforce Settlement Agreement. On April 7, 1989, Judge William C. Miller denied the motion to enforce, principally on the ground that the terms of the agreement were not sufficiently clear. Trial on the merits was set for May 8, 1989.

Rather than bear the expense of a trial and apparently wishing to rely upon the settlement rather than trying to prevail in an inherently difficult caveat proceeding, appellants entered into the consent judgment from which this appeal is taken. The judgment disposes of all the matters in controversy and states, “Plaintiffs and each of them shall not be barred from appealing from this judgment, provided such right exists.” ²⁰² In Prince George’s Co. v. Barron, 19 Md.App. 348, 349 , 311 A.2d 453 (1973), Judge Powers writing for this Court stated: ‘It is settled law in this state that no appeal will lie from a consent decree.’ The law had long been settled when the Court of Appeals said what we have quoted, in Mercantile Trust Co. v. Schloss, 165 Md. 18, 24 , 166 A. 599 (1933). It cited Miller’s Equity Procedure, § 363, Ward v. Hollins, 14 Md. 158, 168 (1859) and Emersonian Apts. v. Taylor, 132 Md. 209, 214 , 103 A. 423 (1918). No case has expressed any doubt about the validity of the rule — any doubt that arises goes to the question of whether the decree was in fact entered by consent.

The case sub judice