Shenasky v. Gunter

ELDRIDGE, Judge. In this medical malpractice case, the defendants filed a motion for summary judgment against the plaintiff Sandra E. Gunter with respect to her wrongful death claim as the wife of the decedent. The Circuit Court for Wicomico County, by an order filed on January 18,1995, denied the defendants’ motion and “ordered pursuant to Maryland Rule 2-501(e) that judgment be granted in favor of Plaintiff Sandra E. Gunter and against John H. Shenasky, II, M.D., as to Count II of the complaint....” The circuit court further “ordered that, there being no just reason for delay, final judgment consistent with this Order be entered pursuant to Maryland Rule 2-602(b).... ” The docket entry for January 18, 1995, after reciting the substance of the order, read as follows: “Judgment entered in favor of Plaintiff, Sandra E. Gunter, and against the defendant, John H. Shenasky, II, M.D., as to Count II only.” Neither the order nor the docket entry reflected any award of damages or monetary amount. In fact, the court’s order represented a determination of certain liability issues under count II, with the matter of damages to be decided later.

On February 13, 1995, the “defendants, John H. Shenasky, II, M.D. and Drs. Shenasky, DeMarco & Genvert, P.A.” filed an order of appeal to the Court of Special Appeals. 1 Thereafter, this Court issued a writ of certiorari before any proceedings in the Court of Special Appeals. We shall not, however, ⁶³⁸ be able to reach the underlying liability issues raised by the parties. Instead, because no final appealable judgment was entered in this case, we are required to dismiss the appeal.

Ordinarily an order or other form of decision which adjudicates fewer than all claims in an action is not a final judgment, is not appealable, does not terminate the action as to any claims, and is subject to revision at any time before the entry of a judgment which does adjudicate all claims. Maryland Rule 2-602(a). Rule 2—602(b)(1) authorizes a trial judge, upon an express determination of no just reason for delay, to direct