Staggs v. Blue Cross of Maryland, Inc.

GILBERT, Chief Judge. On December 17, 1982, the appellants, Franklin B. Staggs, John E. Hyde and Robert L. Mason, appealed from the granting of a summary judgment to the appellee, Blue Cross of Maryland, Inc. A motion for summary judgment by other defendants was denied. Approximately one month after the appeal was noted, new counsel entered his appearance for the appellants. Apparently perceiving in March, 1983, that the appeal was premature because of a failure to comply with Md.Rule 605 a, the appellants filed in the Circuit Court for Baltimore County a paper writing titled, “Motion to Dismiss.” The ⁵⁷⁸ writing was headed with the legend: “IN THE COURT OF SPECIAL APPEALS OF MARYLAND, P[re] Hearing] Conference] No. 888, September Term 1982.” Notwithstanding the manner in which the motion was headed, it was filed, as we have said, in the circuit court.

No action was taken on the motion, but the circuit court belatedly entered judgment in favor of the appellee. The appellant entered another “appeal.” The law is well settled that when an appeal is noted to this Court we obtain and retain jurisdiction until such time as we dismiss the appeal, our mandate is issued, or the Court of Appeals grants certiorari. It is apparent to us that appellants have lost sight of our holding in Raimondi v. State, 8