Picking v. Yates

Per Curiam. Mrs. Picking, who with her husband, Guy W. Picking, own, as tenants by the entirety, certain real property in Baltimore County, brought an action in trespass in the county’s circuit court against Melvin A. Yates, their tenant; Joe Judge, an automobile dealer, and State Fi ² nance Corporation. The gravamen of the action was that Judge sold one Taylor an automobile financed by State Finance; that Taylor defaulted; that Judge repossessed the car, had it placed on the Pickings’ property by arrangement with Yates, the tenant, and refused to remove the car. Additionally, Yates was charged with having damaged the leased premises.

A full statement of the facts may be found in Picking v. State Finance Co., 257 Md. 554 , 263 A. 2d 572 (1970), where we dismissed an earlier appeal which had been taken from an interlocutory judgment. See also Picking v. State Finance Corp., 332 F. Supp. 1399 (D.Md. 1971), aff’d, 450 F. 2d 881 (4th Cir. 1971). This appeal was taken from an order entered on 30 September 1971, dismissing the case because of Mrs. Picking’s refusal to amend her pleadings, by joining her husband, the other tenant by the entirety, as party plaintiff, since he was a real party in interest, on motion made by Yates and Judge under Maryland Rule 203. While Mrs. Picking raises other issues, her refusal to have Mr. Picking join in the action goes to the heart