Siu Leung Shum v. Gaudreau

PER CURIAM. Petitioner seeks a writ of certiorari, asking that we review a judgment of the Circuit Court for Anne Arundel County, by which the circuit court decided an appeal on the record from the District Court of Maryland. The underlying case began on 13 October 1987, when respondent sued petitioner for damages resulting from an alleged breach of a lease. Following the initial trial of that case, the District Court entered judgment in favor of respondent for $6,500.

Petitioner appealed to the Circuit Court for Anne Arundel County contending that: 1) some of the damages claimed were not the responsibility of petitioner; 2) some of the damages claimed were barred by res judicata as a result of a previous action between the parties; and, 3) the evidence was insufficient to support certain of the damages claimed. The circuit court held that res judicata was not a bar to any of the damages claimed, but that because the District Court had failed to set forth any of its findings, the circuit court was unable to consider the balance of the appeal. The circuit court remanded the case for a new trial. We granted certiorari to review that action, and in Shum v. Gaudreau, 317 Md. 49 , 562 A.2d 707 (1989), we reversed the judgment of the circuit court.

We held petitioner was ²⁴⁴ not responsible for two substantial items of claimed damage. We further found that res judicata was a bar to certain other claims. We agreed with the circuit court that it was impossible to determine the remaining issues because of the failure of the District Court to make findings. We pointed out, however, that the respondent had had a full opportunity to present his case, and that the circuit court should not have remanded the matter for a new trial.

We ordered the circuit court to remand the case to the District Court so it might “consider the evidence already before it, make findings of fact as to the evidence supporting each claim, determine whether those facts are sufficient to support each claim, and if so, in what amount, and then enter judgment for Landlord for any sum so supported.” The circuit court remanded the case in accordance with our mandate, and the District Court again considered the matter. Petitioner tells us that at that hearing respondent presented a list of claims to the District Court judge, and asked the court to enter judgment according to the specific items which were on the list, in the total amount of $3,425 and costs. Instead, the District Court entered a judgment in the amount of $6,042. Petitioner contends that a substantial portion of the award, added by the District Court judge, was for an item respondent had not claimed during the original trial.

Petitioner again appealed to the circuit court, raising a number of questions. He suggested,