Ruiz v. Kinoshita

Panel: Meredith, Arthur, Leahy, JJ. Leahy, J. ⁴⁰¹ Antonio Ruiz ("Appellant") and Yuko Kinoshita ("Appellee") were married in 2004. They have two children. Yuko filed the underlying divorce in the Circuit Court for Montgomery County in 2016. 1 The court bifurcated proceedings into two "stages": (1) "custody" and (2) "remaining issues." In a series of orders entered between August and December 2016, the court enforced a post-nuptial agreement and the transfer of a condominium property to Yuko pursuant thereto; ratified a consent order the parties reached as to custody and access; and awarded Yuko $1,540 per month in child support, including costs related to the children's private schooling, plus a portion of the costs of therapy and childcare.

Over three months later, on March 8, 2017, the court entered a final judgment incorporating these orders and granting the parties an absolute divorce. On April 3, 2017, Antonio filed an appeal to this Court from the circuit court's final order. He challenges the circuit court's enforcement of the post-nuptial agreement, four of the court's decisions relating to its child support order, and the court's denial of his request for attorneys' fees. 2 In her response brief, ⁴⁰² Yuko moves this Court to dismiss as untimely Antonio's appeal from the circuit court's 2016 orders. We affirm the trial court on all issues raised on appeal by Antonio and deny Yuko's motion to dismiss.

There was no final judgment that disposed of all the parties' remaining claims in the underlying divorce proceeding from which Antonio was required to appeal within 30 days until the court entered the Judgment of Absolute Divorce on March 8, 2017. BACKGROUND A. Initial Filings The parties have two children, N.K., born in 2007, and M.K., born in 2009. After ⁵² living in Japan for several years, the parties separated in September 2015, within days of returning to the United States. On April 4, 2016, Yuko filed for divorce.

In her complaint, Yuko stated that she and the children had been living in their Maryland home since September 13, 2015, which is the same day she claimed Antonio "constructively deserted and abandoned [Yuko] and moved to the [D.C.] apartment jointly owned by [them]." Yuko averred that on August 17, 2006, Antonio signed a "Post-Nuptial Agreement" ("Agreement") after she had discovered his adultery. Pursuant to the Agreement, Antonio must transfer the condominium in D.C. ("D.C. property") to Yuko "in the event of the parties' separation or termination of their marriage[.]" Yuko asked the court to (1) award her sole legal and physical custody of N.K. and M.K. pendente lite and permanently; (2) award her child support; (3) determine all property ownership, and award her title, use and possession of the family use property; (4) incorporate the Post-Nuptial Agreement into the divorce decree; and (5) award her attorneys' fees. ⁴⁰³ A few days later, Yuko filed a financial statement, indicating tax-free 3 gross monthly earnings of $13,551.54, reduced to $12,428.52 in net monthly income after deducting for retirement. The court entered a scheduling order on May 31, 2016.

The order divided the case into two stages: "Stage 1 (custody)," with a two-day hearing in November 2016; and "Stage 2 (remaining issues)," with a settlement/pretrial hearing set for February 2, 2017. Antonio answered Yuko's complaint on June 15, 2016. He admitted that the parties signed the Post-Nuptial Agreement; however, he declared that the Agreement entitled him to compensation for his 27% interest in the D.C. property. As to Yuko's request for child support, Antonio denied that she could not support the children without his help.

Because the parties' combined income put them above the child support guidelines, Antonio asked the court to consider that Yuko's income is tax-free and that she has significant savings. Antonio also sought attorneys' fees and costs. A month later, on July 18, 2016, Antonio filed a counter-complaint requesting (1) an absolute divorce; (2) shared physical and legal custody of N.K. and M.K.; (3) determination of child support in accordance with the guidelines; (4) resolution of all property ownership regardless of title not subject to the Agreement; and (5) attorneys' fees and costs. Listing constructive desertion among his grounds for divorce, Antonio averred that in September 2015, Yuko asked him to leave the marital home and, after he did so, she and the children moved to their apartment in Maryland.

He also asserted that he "is gainfully employed and is well able to contribute to the support of the Minor Child[ren.]" Antonio filed his financial statement on September 9, 2016. He claimed gross monthly income of $9,439.73, which, after a ⁴⁰⁴ retirement contribution of $944 and taxes, resulted in a net monthly income of $6,417.33. B. The Post-Nuptial Agreement Two years into their marriage, on December 22, 2006, the parties entered into the Agreement to address the disposition of property should the parties separate or divorce or if one should die. In regard to "Separate Property," the parties agreed, ⁵³ "[e]ach shall during his or her lifetime keep and retain sole ownership and control of his or her Separate Property[,]" and "[e]xcept as otherwise expressly provided[,] in the event of separation, divorce, or death, neither party shall have any rights in or claims to the Separate Property of the other." The parties addressed the D.C. property in subsection (2)(c) of the section titled "Separate Property": Yuko and Antonio are purchasing real estate property [a condominium located in Washington, D.C.].

The purchase price of the D.C. property is $585,000 in addition to the closing cost estimated at $15,000. Yuko is making a down payment of $150,000 in addition to $15,000 for the closing cost, totaling $165,000 in cash, borrowing $108,480 ... and taking out a joint mortgage loan for the remaining amount of $327,000. The closing for the purchase of the D.C. property is scheduled for September 12, 2006. Pursuant to the parties' September 12, 2006, agreement, [ 4 ] ...

Antonio acknowledges that upon settlement of the D.C. property, Yuko ⁴⁰⁵ will be the owner of seventy three percent (73%) of the D.C. property and he, hereby, agrees to ownership of the remaining twenty seven percent (27%) of the D.C. property and assumes responsibility for one-half of the joint mortgage loan amount of $327,000 for the duration of the loan. Antonio acknowledges that the entire amount of expenses of $273,480 incurred for the purchase of the D.C. property, ... are being paid by Yuko from her own and personal accounts.... Antonio will be responsible for paying monthly one half of the mortgage payment in addition to one half of the property taxes and one half of the condo maintenance fees. Finally, Antonio pledges that in the case of separation, dissolution of the marriage or death, the D.C. property will be transferred to and owned solely by Yuko.

(Emphasis added). Subsection (2)(e) noted that "if either makes a monetary or non-monetary contribution toward the purchase, improvement, maintenance or expenses of property titled to the other spouse, the contributing spouse's monetary and/or non-monetary contributions will not create any legal or equitable right in the other's separately titled property, nor change the classification of such property." And subsection (2)(f) clarified, "Joint use of Separate Property shall not give rise to joint ownership of such Separate Property[.]" The parties further agreed to waive, release, and relinquish a right or claim in the other's Separate Property, including "any ownership claim to such property[ ]" and "the right to seek or obtain an equitable distribution or a monetary award," noting that this subsection constituted a complete defense to the other's claim in his or her Separate Property. As for any separate debts, the parties decided that each would remain individually liable for debt arising from Separate Property, and for attorneys' fees, each party would be responsible "for his or her legal fees in connection with this ⁵⁴ Agreement[,]" except in certain cases, such as a material breach. The parties also included a merger clause, which stated the Agreement was their complete understanding, and a choice-of-law provision, ⁴⁰⁶ which instructed that D.C. law would govern the Agreement. 1.

Motion to Enforce Post-Nuptial Agreement The first motion in the case was filed by Yuko on May 27, 2016, seeking to enforce the Agreement and requesting attorneys' fees. Regarding the D.C. property, she referenced, and attached as an exhibit, a more recent letter that Antonio allegedly sent on March 9, 2015, "to ease any concerns about [the D.C. property's] ownership in the event of divorce or separation." Under such circumstances, the letter continued, Yuko would become the D.C. property's sole owner. She also included a letter that Antonio allegedly sent on August 17, 2006, which pre-dated the Agreement and stated, in part, that if the parties separated or ended their marriage, "ownership of the [D.C.] property will be transferred entirely to Ms. Yuko Kinoshita." Yuko alleged that, despite these letters and the terms of the Agreement, Antonio refused to deed the D.C. property to her. She sought attorneys' fees for his breach of the Agreement and compensation for expenses she incurred-such as condominium fees-resulting from Antonio's failure to transfer the D.C. property.

Antonio opposed Yuko's motion, arguing that she must compensate him for his 27% ownership interest in the D.C. property before he would sign a deed for the condominium over to her. He contended that this was intended by the Agreement, otherwise the provision delineating their separate percentage ownership would be superfluous. Further, Antonio maintained that D.C.'s adherence to the parol evidence rule prevented the court from considering the 2006 and 2015 letters that Yuko attached to her motion to enforce. The circuit court, Judge Karla Smith presiding, held a hearing on Yuko's motion to enforce the Agreement on July 22, 2016.

Yuko focused her argument on the 2006 and 2015 letters in which Antonio agreed to transfer the D.C. property to Yuko. She maintained that subsection (2)(c) was not superfluous because Antonio would be compensated for his 27% interest if the parties disposed of the property prior to separation, ⁴⁰⁷ divorce, or death. For his part, Antonio insisted that "nowhere does it say it should be transferred without any compensation or any consideration," and asserted that Yuko must compensate him for his 27% interest. 2. The Circuit Court's Ruling On August 25, 2016, the circuit court issued an opinion on Yuko's motion to enforce the Agreement.

The court cited to the Agreement's definition of "Separate Property," and the statements of ownership interests and transference to Yuko. After acknowledging that D.C. law governed the Agreement, the court observed: [Yuko] argues that [Antonio] has failed to honor the agreement to sign over the property. [Antonio] argues that a condition precedent has not yet been met in order for the property to transfer based upon the intentions of the parties, specifically compensation for his ownership interest in the D.C. property. However, the asserted condition precedent is not evidenced in the writing or in any other evidence provided by the parties. While [Antonio] points to the common sense of dividing the ownership of the property, there is no explicit, written direction on compensation for the transfer of the property.

The division of the property is clearly determined by the amounts invested by each ⁵⁵ party in purchasing the property. However, nothing is discussed with respect to divesting those interests. The only specific discussed is divesting [Antonio] of his interest in the case of separation and/or divorce. The parties may have "intended" compensation, but this intention was never put into writing.

(Emphasis added). The court found the Agreement unambiguous and determined that the D.C. property was "legally [Yuko's] and has been since the parties' separation." The court also awarded attorneys' fees to Yuko because Antonio breached the Agreement by not signing over the D.C. property to Yuko. In her orders accompanying the opinion, the judge required that ⁴⁰⁸ Antonio transfer, without compensation, the D.C. property and pay attorneys' fees. 5 Three weeks after the court's decision, Antonio moved to stay the court's order pending appeal, which the court granted summarily on September 23, 2016. In a handwritten note, however, the court ordered that Antonio pay half of the monthly costs of maintaining the D.C. property.

C. Custody Merits Hearing On October 6, 2016, Yuko amended her complaint. She added several provisions clarifying recent events affecting the parties' legal claims. Referring to an agreement at the scheduling conference, Yuko claimed that Antonio had failed to pay the $2,000 per month pendente lite child support to which he had agreed so that she would not seek a pendente lite hearing. 6 She also informed the court that she paid off the loan on the D.C. property, as well as its carrying charges and other expenses, without any contribution from Antonio. She requested judgments against Antonio for contribution to those expenses and the pay-off of the mortgage. 1.

The Parties' Consent Agreement, Stipulations and Testimony The court, Judge Steven Salant presiding, convened the parties for a custody merits hearing on December 7, 2016. At the outset, the parties informed the court that they had reached an agreement as to custody and access. 7 Relevant to ⁴⁰⁹ this appeal, the parties agreed to use the shared child support guidelines even though Antonio would have N.K. and M.K. for less than 128 overnights per year. The parties also agreed "that the children will remain at private school unless both parents agree to remove them from that school, or from private school." Therefore, only child support remained at issue for the hearing. Yuko explained that she sought retroactive child support payments-$2,000 per month since the parties' agreement at the scheduling conference, crediting Antonio with any payments made-as well as contributions to the condominium's costs per ⁵⁶ the court's September 2016 order.

She claimed that Antonio's payments were inconsistent and, when he did pay, he would send a lump sum for support and condominium fees, leaving it unclear what money was allocated to which obligation. Yuko asked the court to include the cost of the children's private school tuition in the child support calculations, since the parties agreed under the custody and consent agreement that they continue in the schools in which they were enrolled. She also asked the court to include costs for the children's nanny, their health insurance, N.K.'s therapy, and camp. The parties stipulated that Antonio earned $9,440 a month and that Yuko earned $15,197 a month tax-free. 8 Further, the parties agreed that private school tuition was $29,215 annually per child but cost only $14,607.50 total because the IMF offered an educational allowance of 75%.

Although Antonio agreed that hot lunch at the school cost $1,175 per child per academic year, that tuition insurance cost $292.15 per child ⁴¹⁰ per academic year, and N.K's therapy cost $160 per month out-of-pocket, he would not stipulate that he was responsible for these costs. The parties also could not agree to other miscellaneous costs, such as those for the nanny or summer camp. Antonio highlighted that the parties' combined income qualified the case as "above-guidelines," giving the court broad discretion in calculating an award. He requested that the court consider that Yuko's income is tax-free and asked the court to "gross up" her income.

He urged that the basic child support obligation was not the issue; instead, it was the additional expenses that he would have difficulty paying. In regard to those expenses for which Antonio refused to assume responsibility, Yuko testified that she paid $150 per month, per child, for the children's health insurance, and another $160 per month out-of-pocket for the portion of N.K.'s weekly therapy sessions not covered by insurance. She testified that tuition insurance was necessary because she committed to paying tuition for the entire year. With respect to her options for childcare, she explained that because she had to work full-time in downtown Washington, D.C., it was difficult to return to Friendship Heights before 5:00 p.m.

The nanny picked up the children four days a week at 3:15 p.m. and would either take them home or to extracurricular activities; however, because the nanny was unavailable on Fridays, Yuko utilized the school's afterschool program until 5:00 or 6:00 p.m., for a monthly cost of $198. Yuko claimed $1,600 per month for the nanny and stated that the nanny worked four to five hours a day, at a rate averaging $18 to $20 per hour, and that she paid the nanny's $8 parking fee each day. Yuko used the nanny during the twelve weeks of summer because the children's various summer camps ended at different times. 9 ⁴¹¹ Antonio tried to defend his fluctuating child support payments-explaining that his finances shrank because he "was ordered by the Court to get an attorney" and because he felt pressured by Yuko and her lawyers to move from a one-bedroom to a ⁵⁷ two-bedroom apartment, increasing his rent from $1,600 to $2,718. He disclosed that his Chase credit card balance was at $16,000 while his Visa credit card stood at $19,000.

On cross-examination, Antonio acknowledged that he made a voluntary thrift savings plan contribution of $435.68 every pay period. He admitted that either the nanny or Yuko takes the children to their activities and that he did not object to Yuko's use of a nanny. But he noted on redirect that, if he began work at 7:00 a.m., he could leave work between 3:00 and 4:00 p.m. and would be willing to take the children to their activities, although he has no car. Finally, as to private school, Antonio asserted that they agreed to "contribute to private school together for the first year ... [a]s fairly as possible[ ]" after their return from Japan. 2.

The Court's Support Award Judge Salant announced his decision the following day, December 8, 2016. First, the court addressed Antonio's arrears from the parties' pendente lite agreement, finding that from June 2016 through November 2016, he should have paid Yuko $12,000 in support. Noting the priority of child-support payments over other debts, the court attributed Antonio's prior payments of $11,500 toward child support, leaving no payments in satisfaction of the court's order that he pay condominium fees. The court ordered Antonio to pay $500 in child support arrearages.

Next, per the parties' financial statements and stipulations, the court determined that Yuko earned $15,197 per month, Antonio earned $9,400 per month, and that the parties' combined monthly income was $24,637-"certainly in the upper level range of income," and "on that basis many expenses that would not ordinarily be included to a family with lesser means are appropriate and reasonable for people within that income ⁴¹² level." The court determined, based on the worksheet and financial information in the record, that Antonio made 38.3% of the parties' shared income and, after adjusting for certain categories, determined that Antonio's total monthly expenses (including all his personal expenses) were $5,388, leaving him "about $1,973 available for the payment of support." In applying an extrapolation of the child support guidelines, and giving Antonio credit for 128 overnights, the court ordered Antonio to pay $1,540 per month in support beginning on December 1, 2016 (clearly less than the $2,000 per month Antonio agreed to pay pendente lite ). To arrive at this number, the court determined that the cost of the children's health insurance was $150 monthly and private school tuition, hot lunch, and tuition refund insurance cost $1,480 monthly. The court also found that, given the parties' income, the $1,600 per month for the nanny was appropriate and also included $198 for afterschool care. In addition to the base child support award, the court ruled that the unreimbursed $160 per month for N.K.'s therapy was an extraordinary expense, but because that rate was only "typical" and would not necessarily be the rate charged, the court ordered Antonio to pay 38% of "all non-reimbursed or non-covered medical, dental and mental health expenses incurred on behalf of the children." The court also ordered Antonino to pay, "as additional support," 38% of the cost of the children's summer camps.

The court did, however, decide that the parties could select summer camps by mutual agreement rather than ordering Antonio to pay the $800 per month that Yuko sought. Further, the court ordered that Antonio be allowed to claim both children as dependents for tax ⁵⁸ purposes. Finally, the court denied each party's request for attorneys' fees, finding that each had a substantial reason to litigate the case. The court entered the order on December 21, 2016. 3.

Antonio's Motion for Reconsideration On January 4, 2017, Antonio moved for reconsideration of the court's child support order, claiming he did "not have the financial wherewithal to continue to pay the exorbitant costs ⁴¹³ associated with the children's private schooling, luxurious summer camps, and other such similar fees." He contended that the court calculated his net monthly income incorrectly and complained that the court did not include his monthly credit card minimum payments. Antonio alleged that, after his expenses and child support payments, he would only have $173.05 remaining for all other costs, including 38% of the children's camps and non-reimbursed medical costs and 50% of the condominium maintenance. Yuko opposed, arguing that Antonio's rent and credit card payments should have no bearing on his support obligation and that the court correctly determined his child support obligation, which was $460 less than what Antonio had agreed to pay pendente lite . Yuko pointed out that she agreed to use the shared guidelines even though Antonio has the children for less than 128 overnights a year, and if the sole guidelines were used, his amount would be significantly higher.

Judge Salant summarily denied Antonio's motion, entering his order on February 25, 2017. The court entered judgment of absolute divorce on March 8, 2017. In the final judgment, the court ordered the following: ORDERED, that [Yuko] be and is hereby granted an absolute divorce from [Antonio] based on a twelve (12) month separation; and it is further ORDERED, that the terms of the Consent Custody Order entered January 20, 2017 be and are hereby ratified and affirmed as though fully set forth herein into this Judgment of Absolute Divorce; and it is further ORDERED, that the terms of the Court's Support Order dated December 21, 2016 be and are hereby ratified and affirmed as though fully set forth herein into this Judgment of Absolute Divorce; and it is further ORDERED, that the terms of the Post Nuptial Agreement dated December 22, 2006 be and are hereby incorporated but not merged as though fully set forth herein into this Judgment of Absolute Divorce and shall be shielded and not subject to Public Inspection; and it is further ⁴¹⁴ ORDERED, that the terms of the Court's Orders regarding the Post Nuptial Agreement dated August 25, 2016, September 23, 2016, and October 19, 2016 be and are hereby ratified and affirmed as though fully set forth herein into this Judgment of Absolute Divorce; and it is further ORDERED, that all issues arising from the marriage are resolved and this case is closed for statistical purposes. (Docket entries omitted).

On April 3, 2017, Antonio filed a notice of appeal in which he stated that he was appealing "the rulings ... entered on August 25, 2016 and March 8, 2017[.]" A week later, he amended his appeal, in which he stated that he was appealing "from the rulings ... entered on August 25, 2016 and December 21, 2016." Yuko has moved to dismiss as untimely the issues in Antonio's appeal that pertain to the circuit court's August 25 and December 21 orders. ⁵⁹ We have rephrased and consolidated the issues that Antonio presents on appeal as follows: 1. Did the trial court err in its interpretation of the 2006 Post-Nuptial Agreement by ordering Antonio to transfer the D.C. property to Yuko without compensation? 2. In calculating child support, did the trial court abuse its discretion by: (a) refusing to "gross up" Yuko's tax-free income? (b) including educational costs without considering the factors set out in Witt v. Ristanio ? 3.

In awarding costs additional to the child support award, did the trial court err in: (a) including non-extraordinary medical costs? (b) its calculation of work-related child care costs? 4. Did the Court abuse its discretion by failing to award Antonio attorneys' fees? We include additional facts as necessary in the following discussion. ⁴¹⁵ DISCUSSION I. Motion to Dismiss Antonio's Appeal Preliminarily, we consider Yuko's motion in which she asserts that we must dismiss Antonio's appeal-wholly or, at least, in part-as untimely.

According to Yuko, the underlying orders emanate from the Circuit Court for Montgomery County, where it is custom to issue scheduling orders that divide family law cases into two distinct stages: "Child support and custody issues are dealt with first on the merits in Stage 1. After the merits child support and custody issues are resolved, Stage 2 sets out the merits proceedings for property, grounds for divorce and any other remaining issues." Yuko claims that the December 21 order deciding child support was a final order, which, pursuant to the Maryland Rules, Antonio had to appeal within 30 days unless a motion to revise was filed within 10 days to stay the order. Because Antonio filed his motion to revise the December 21 order 14 days later, on January 4, Yuko declares that we must dismiss his appeal of that order. Additionally, she submits that we may not consider Antonio's appeal of the August 25 order to enforce the Post-Nuptial Agreement because he did not note his appeal to that order until his amended notice of appeal on April 10, 2017, over 30 days after the final judgment of divorce was entered on March 8, 2017.

Antonio replies that he timely filed his appeal within 30 days of the judgment of divorce, which he contends is the operative judgment for appellate review purposes. He draws attention to the fact that the December 21 child support order was not a final judgment because it did not resolve all the parties' claims before the court. Likewise, he denies that his amended appeal was untimely, stating that it merely modified his timely filed appeal to clarify which orders were appealed, and thus, it is still within this Court's purview. ⁴¹⁶ A. Appeals from Bifurcated Proceedings In civil trials, Maryland Rule 2-503(b) permits a circuit court, on its own initiative, to bifurcate claims into separate trials based on convenience or to avoid prejudice. See also St. Joseph Md. Ctr., Inc. v. Turnbull , 432 Md. 259 , 268, 68 A.3d 823 (2013) (citing Myers v. Celotex Corp. , 88 Md. App. 442 , 448-50, 594 A.2d 1248 (1991) (discussing the applicability of Rule 2-503(b) ).

A circuit court may, for instance, bifurcate a trial to hear the issue of liability separately from the issue of damages. ⁶⁰ See, e.g. , Tierco Md., Inc. v. Williams , 381 Md. 378 , 414 n.29, 849 A.2d 504 (2004). Or, more pertinent to the case before us, the circuit court may bifurcate a divorce proceeding to hear the issue of parentage separately from the issue of support. See, e.g. , Sieglein v. Schmidt , 224 Md. App. 222 , 230, 120 A.3d 790 (2015). Regardless of how the circuit court subdivides its proceedings, the final-judgment rule still governs the timeliness of the parties' appeals.

According to Maryland Code (1957, 2013 Repl. Vol.), Courts and Judicial Proceedings Article ("CJP"), § 12-301, "a party may appeal from a final judgment entered in a civil or criminal case by a circuit court." Judge Arthur has summarized the general test for finality in his book: The Court of Appeals has frequently stated that the accepted test for finality is whether the court's ruling has the effect of putting the parties out of court and denying them the means of further prosecuting the case or the defense. See, e.g. , Houghton v. Cty. Comm'ers of Kent Cty.

( Houghton II ), 307 Md. 216 , 221 [ 513 A.2d 291 ] (1986). According to the Court: "To have the attribute of finality, the ruling must be so final as either to determine and conclude the rights involved or to deny the appellant the means of further prosecuting or defending his or her rights and interests in the subject matter of the proceeding." [ Rohrbeck v. Rohrbeck , 318 Md. 28 , 41, 566 A.2d 767 (1989) ] (italic removed). A ruling is final if it is "unqualified" and if "nothing in the trial court's action suggested any contemplation ⁴¹⁷ that a further order be issued or that anything more be done." Doehring v. Wagner , 311 Md. 272 , 275 [ 533 A.2d 1300 ] (1987) ; see Miller and Smith at Quercus [ , LLC v. Casey PMN, LLC , 412 Md. 230 , 243, 987 A.2d 1 (2010) ]. If the record suggests that it remains for the trial court to take some action to dispose of the case, an order is not final....

Judge Kevin F. Arthur, FINALITY OF JUDGMENTS AND OTHER APPELLATE TRIGGER ISSUES 5 (3d ed. 2018) ("FINALITY OF JUDGMENTS"). "[T]o be a final judgment in a controversy involving multiple claims, the order must dispose of all claims in the action." Schuele v. Case Handyman & Remodeling Servs., LLC , 412 Md. 555 , 565-66, 989 A.2d 210 (2010) ; see also Anderson v. Anderson , 349 Md. 294 , 297-98, 708 A.2d 296 (1998) (dismissing an appeal because, although the trial court had decided the central legal issue concerning child support, it had remanded the case to a special master to prepare a child-support worksheet, and, therefore, the trial court anticipated further findings of fact before entering a final judgment). There exist three limited exceptions to the final-judgment rule. "Those three exceptions are: appeals from interlocutory orders specifically allowed by statute; [ 10 ] immediate appeals permitted under Rule 2-602; [ 11 ] and appeals from interlocutory rulings allowed under the common law collateral order doctrine." FINALITY OF JUDGMENTS, at 47 (citing ⁶¹ Wash.

Suburban Sanitary Comm'n v. Bowen , 410 Md. 287 , 295, 978 A.2d 678 (2009) ). ⁴¹⁸ Applying the final-judgment rule in bifurcated circuit court proceedings, we can assume that unless one of the limited exceptions apply, an aggrieved litigant may not appeal until the circuit court enters a judgment that puts the parties out of court and "dispose[s] of all claims in the action." Schuele , 412 Md. at 565-66 , 989 A.2d 210 . Thus, when a circuit court bifurcates liability and damages, the court's order on liability is not final for purposes of CJP § 12-301 until it decides damages. See Hansen v. Kaplan , 47 Md. App. 32 , 34 n.1, 421 A.2d 113 (1980). Likewise, in the divorce and custody context, this Court has held that a "circuit court's rulings regarding legal parentage and the obligation to provide support were part-and-parcel with further action required in th[e] divorce and child support case." Sieglein , 224 Md. App. at 236 , 120 A.3d 790 .

Accordingly, a circuit court's order determining parentage and support was not final until the court also determined the parties' rights and obligations regarding custody and divorce. Id. On the other hand, under FL § 8-213(b), if in an order of the circuit court grants a divorce, but reserves on determining marital property issues, the order is final and appealable, regardless of whether the trial court certifies the judgment on the divorce claim as final under Rule 2-602(b). See FINALITY OF JUDGMENTS, at 37 (citing Parker v. Robins , 68 Md. App. 597 , 601-02, 514 A.2d 1237 (1986) ); but see Parker , 68 Md. App. at 602 n.8, 514 A.2d 1237 (noting that FL § 8-213(b) would not authorize an appeal if the trial court reserves on issues in addition to marital property).

Returning to the instant case, we conclude that the court's March 8, 2017, order was the final appealable judgment in the underlying divorce proceeding. In her complaint, Yuko sought custody, support, and an absolute or limited divorce, as well as other appropriate relief. Antonio's counter-complaint was a counter-check on the same issues identified in the complaint. The circuit court bifurcated the proceedings to hear the merits of custody first, followed by the "remaining issues," including divorce.

Recognizing that remaining issues remained to be decided, Yuko amended her complaint on February 7, 2017, to request an absolute divorce and ask the court to ⁴¹⁹ "incorporate the Consent Custody Order and Child Support Order and Judge Smith's three Orders into the parties' Judgment of Absolute Divorce[,]" and to "incorporate but not merge the parties' [Post-Nuptial Agreement]." A "Judgment of Absolute Divorce" was entered on March 8, in which the court granted Yuko an absolute divorce, ratified and affirmed the terms of the parties' consent custody order, ratified and affirmed its December 21 support order, incorporated the Post-Nuptial Agreement, and ratified and reaffirmed its three orders regarding the Post-Nuptial Agreement. Unlike all the previous orders, the judgment noted that it resolved "all issues arising from the marriage" and that the "case [wa]s closed for statistical purposes." Cf. Matter of Donald Edwin Williams Revocable Tr. , 234 Md. App. 472 , 495-96, 172 A.3d 988 (2017) (noting, in the context of Md. Rule 2-503(a), the importance, for finality purposes, of whether the court intended to resolve the multiple actions before it in joint or separate judgments). As the procedural history, the parties' conduct, and the terms of the court's orders make clear, only the March 8 judgment had the effect of putting the parties out of court and denying them the means of further prosecuting the case.

The orders challenged by Yuko that determined child support and the parties' rights in the D.C. ⁶² property were "part-and-parcel with the further action required in th[e] divorce ... case." Sieglein , 224 Md. App. at 236 , 120 A.3d 790 . Until the court resolved or disposed of all the parties' remaining claims in the divorce proceeding, "determin[ing] and conclud[ing] the rights involved," Rohrbeck , 318 Md. at 41 , 566 A.2d 767 , there was no final judgment under CJP § 12-301 from which Antonio was required to appeal within 30 days. See Schuele , 412 Md. at 565-66 , 989 A.2d 210 . In the family law context, a custody order may qualify as an appealable interlocutory order under CJP § 12-303(3)(x), 12 when it operates to "[d]epriv[e] a parent, grandparent, ⁴²⁰ or natural guardian of the care and custody of his child, or changing the terms of such an order[.]" See Cabrera v. Mercado , 230 Md. App. 37 , 70, 146 A.3d 567 (2016) (concluding that there was appellate jurisdiction pursuant to CJP § 12-303(3)(x) over Ms. Cabrera's interlocutory appeal filed within 30 days of a custody order that granted sole legal and primary residential custody of her child to Mr. Mercado).

In the underlying case, however, the parties agreed to the terms of a consent order regarding custody at the December 8 hearing, which was later entered as a separate order on January 20, 2017. This consent order cannot qualify as an appealable interlocutory order. Cf. Globe Am.

Cas. Co. v. Chung , 322 Md. 713 , 717, 589 A.2d 956 (1991) ("Where a party consents to judgment in a case, the party ordinarily may not appeal and obtain review of an earlier adverse ruling in that case."). Therefore, the court's December 21 order cannot qualify as an exception to the final-judgment rule under CJP § 12-303(3)(x) because it determined only the issue of child support-not child custody-and left the ultimate issue of the parties' divorce unresolved. We conclude that there was no final judgment in the underlying divorce proceeding from which Antonio was required to appeal within 30 days until the court entered the Judgment of Absolute Divorce on March 8, 2017.

We also ⁴²¹ determine that none of the preceding orders fit within one of the limited exceptions to the final-judgment rule. We observe, however, that "even where the law permits an interlocutory appeal, a party is not necessarily required to take an immediate appeal to obtain review of that interlocutory order.... An appeal from the final judgment at the end of the case allows review of all interlocutory orders previously entered in the case that have not been decided on the merits in a prior interlocutory appeal." FINALITY OF JUDGMENTS, at 49 (internal citations omitted). Accordingly, in a case in which custody is litigated (and not consented to by the parties), an aggrieved party may either appeal the interlocutory custody order immediately or wait until the case results in a final judgment and ⁶³ appeal the custody order as part of the final decision.

B. Notices of Appeal We similarly reject Yuko's contention that we cannot consider the court's August 25 order enforcing the Agreement because Antonio did not specifically note his appeal of that order until he filed his amended notice of appeal more than 30 days after the circuit court's judgment. Rule 8-202(a) requires, with certain exceptions, that an aggrieved party file its notice of appeal in the circuit court "within 30 days after entry of the judgment or order from which the appeal is taken." As Judge Arthur explained in his book on finality, the notice of appeal from a final judgment "need not specify the orders from which the party wishes to appeal; it operates as an appeal of any order that is appealable at the time." FINALITY OF JUDGMENTS, at 17 (citing Edery v. Edery , 213 Md. App. 369 , 377 n.7, 73 A.3d 1229 (2013) (other citations omitted) ). Our general approach, as delineated by the Court of Appeals, is to construe notices of appeal liberally and to deem any limiting language to be surplusage. B & K Rentals and Sales Co., Inc. v. Universal Leaf Tobacco Co. , 319 Md. 127 , 133, 571 A.2d 1213 (1990).

That is because "the purpose of a notice or order of appeal is not to designate or limit the issues on appeal[,]" which is instead a "function of ⁴²² the information report ... the prehearing conference ... and the briefs." Id. at 133-34 , 571 A.2d 1213 . Antonio filed his notice of appeal on April 3, 2017, within 30 days of the final judgment for absolute divorce. This notice "operate[d] as an appeal of any order that [wa]s appealable at the time." FINALITY OF JUDGMENTS, at 17. Any limiting language in his April 3 notice (or his amended notice on April 10) was "surplusage" and does not limit the issues he may present on appeal.

B & K Rentals , 319 Md. at 133 , 571 A.2d 1213 .

II

Interpretation of the Post-Nuptial Agreement Turning to the merits of Antonio's appeal, he first contends that the circuit court erred by interpreting the Agreement to require him to transfer the D.C. property to Yuko without compensation. Antonio suggests that the circuit court's interpretation renders