Morales v. Morales

EYLER, Judge. This expedited appeal presents the narrow issue of when a party’s time for filing exceptions to a master’s recommendations under Rule S74Ad. begins to run. Appellant argues that when a party has been given notice of the master’s recommendations, both orally at the end of the hearing and in writing thereafter, the time for filing exceptions begins to run from the service of the written notice. Appellant contends that, under his reading of Rule S74Ad., the circuit court erred in dismissing his exceptions for untimeliness.

Finding no error, we affirm the judgment. As required by Rule 8-207, which governs expedited appeals, the parties have proceeded on an agreed statement of the case and facts as follows. On April 2, 1996, the parties appeared before a master for domestic relations in the Circuit Court for St. Mary’s County for trial on the issues of divorce, custody, child support, and visitation. At the conclusion of the trial, the master orally delivered findings of facts and recommendations, on the record and in the presence of parties and counsel.

On April 23, 1996, the master filed a written report and recommendations, and certified that the written report was mailed to the parties on the same date. The "written report and recommendations were consistent with the master’s oral recommendations. On April 29, 1996, appellant filed exceptions to the master’s written report and recommendations. On May 10, 1996, appellee filed a motion to dismiss the exceptions.

On May 15, 1996, prior to the expiration of appellant’s time for responding to appellee’s motion to dismiss, the circuit court granted appellee’s motion and entered an order dismissing appellant’s exceptions. Although not contained within the joint statement of the case, the parties agree, and indeed this appeal is premised upon the agreement, that the exceptions were dismissed for untimeliness. On May 21,1996, after the issuance of the order of dismissal, appellant ⁶³⁰ filed a response to appellee’s motion to dismiss. This timely appeal followed.

Rule S74A provides for the referral of domestic relations matters to a master and sets forth procedures relating to the issuance of the master’s recommendations and the filing of exceptions in domestic relations cases. Under this Rule, all domestic relations cases in the Seventh Judicial Circuit, which includes the Circuit Court for St. Mary’s County, are referred to masters as a matter of course. This rule was adopted in 1991 for the purpose of streamlining and expediting the procedures for filing exceptions in domestic relations cases in an effort to address the issues regarding Rule 2-541 raised in Stach v. Stach, 83 Md.App. 36 , 573 A.2d 409 (1990). See Reporter’s Note to Rule S74A, Md. Reg., Vol. 18, Issue 6 (Friday, March 22, 1991), at 678-79 (hereinafter “Reporter’s Note, at-”).

Prior to the adoption of Rule S74A, Rule 2-541 governed the filing of exceptions in all matters before masters, including domestic relations matters. Under Rule 2-541, as it existed then and now, a master is required to notify the parties of the proposed recommendations either orally at the conclusion of the hearing or thereafter by written notice served pursuant to Rule 1-321. Within five days of the oral or written notice, a party intending to file exceptions must file a notice of intent to file exceptions. If a notice of intent is filed, or if the circuit court so orders, the master must file a written report within 30 days.

Exceptions may then be filed within 10 days of the filing of the master’s report. A failure to file timely exceptions constitutes a waiver. Prior to adoption of Rule S74A and the concurrent amendment of Rule 2-541, Rule 2-541 also provided for the immediate entry by the circuit court of the master’s proposed orders regarding certain pendente lite relief in domestic relations cases. Former Rule 2-541(g) provided immediate interim relief on issues such as pendente lite support and visitation pending the filing and consideration of exceptions.

The problems inherent in Rule 2-541 (g) became apparent for the first ⁶³¹ time in Stack, supra. In that case, we reversed the immediate entry of a master’s proposed order regarding the temporary award of child custody and held that, when exceptions had been timely filed and a hearing requested, an order implementing the master’s recommendations could not be entered prior to a hearing on the exceptions. We held that Rule 2-541(g) did not expressly authorize the immediate entry of orders regarding child custody. Consequently, we did not reach the constitutional issues raised by the appellant in that case, ie., whether entry of such an order constituted an unlawful delegation of judicial power and a denial of due process. 83 Md.App. at 37-38 , 573 A.2d 409 .

Nevertheless, Stack alerted the Court of Appeals to the “constitutional infirmities that may lurk beneath the surface of Rule 2-541,” and prompted it to refer the issue to the Rules Committee. Reporter’s Note, at 678-79. The version of Rule S74A ultimately adopted by the Court of Appeals provides a delicate balance between the need for expediency in domestic cases and the rights of domestic litigants to receive due process of law. Rule S74A shortens the process for filing exceptions in domestic relations cases from the over forty day, two step process under Rule 2-541 to an, at most, thirteen day, one step process.

Specifically, Rule S74Ac. provides that “the master shall notify each party of the master’s recommendations, either on the record at the conclusion of