Pappalardo v. Lloyd

Per Curiam : This is an appeal from an Order of the Circuit Court for Garrett County, Hamill, J., dismissing the case for want of prosecution pursuant to Maryland Rule 530. The significant docket entries show that notice to counsel of record of its contemplated dismissal under Rule 530 was filed April 26, 1971. Counsel for the plaintiff raised no contention at that time that this notice was not properly sent nor that the period required to bring into play ⁵¹⁴ Rule 530 had not expired. On May 25, 1971 the plaintiffs moved the court to suspend the operation of Maryland Rule 530, and the court on that day entered an Order directing “that the operation of Rule 530 of the Maryland Rules of Procedure be and the same is hereby suspended in this cause.

It is further ordered that the operation of said Rule 530 will be enforced unless this cause is set for trial on or before January 1, 1972”. Thereafter on September 14, 1971 the case was continued by the court at its call of the docket. Thereafter on January 7, 1972 the defendants presented to the court without notice to the plaintiffs’ counsel a Motion to Dismiss pursuant to Maryland Rule 530 upon which the court signed ex parte the following Order on that date: “Ordered that the Clerk shall enter on the docket dismissed for want of prosecution”. Thereafter the plaintiffs moved to