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G-C Partnership v. Schaefer
Citations: 749 A.2d 823; 358 Md. 485; 2000 Md. LEXIS 178Docket: 153, Sept. Term, 1999
Court: Court of Appeals of Maryland; April 17, 2000; Maryland; State Supreme Court
The Court of Appeals of Maryland granted certiorari in the case of G-C Partnership et al. v. Louis M. Schaefer et al., summarily vacating the Court of Special Appeals' judgment and directing the dismissal of the appeal due to the absence of a final judgment. The petitioners, G-C Partnership and Martha B. Gudelsky, initiated a breach of a guaranty agreement against respondents Louis M. Schaefer, David G. Strohminger, and Paul F. Charlebois, which included a provision for reimbursement of legal expenses. A prior ruling determined that petitioners were entitled to damages for preference payments but not for investment losses. Following the circuit court's ruling on attorney's fees, a judgment for $478,611.49 in damages plus $167,514.00 for attorney's fees was entered on March 15, 1999. The petitioners filed a precautionary appeal on April 14, 1999, which was pending separately. The Court of Special Appeals had previously denied the respondents' motion to dismiss the appeal for lack of a final judgment, affirming the circuit court's decision. The majority recognized that attorney's fees are part of a damage claim but concluded a defect could be remedied under Maryland Rule 8-602(e)(1)(C). However, the Court of Appeals found this rule inapplicable, stating that the circuit court lacked discretion to enter a final judgment regarding the counsel fees at the time of the 1998 appeal, as the fees had not been determined and cannot certify only part of a claim as final. The trial court's certification was deemed improper because there were unresolved issues in a defamation count and an adjudicated tortious interference claim, which constituted a single claim (Medical Mut. Liab. Ins. Soc'y v. B. Dixon Evander. Assocs.). In another case (Washington Suburban Sanitary Comm'n v. Frankel), a claim for declaratory judgment intertwined with a request for monetary judgments was ruled as not fully adjudicated, rendering the case non-appealable. Similarly, in East v. Gilchrist, unresolved issues regarding injunction and damages within a declaratory judgment claim prevented a proper appeal. The Biro v. Schombert decision highlighted that a partial summary judgment did not resolve the entire claim, thus barring appellate jurisdiction on the merits. As a result, the 1998 appeal was dismissed, with the Court of Special Appeals' judgment reversed and instructions to dismiss the appeal. The petitioners, G-C Partnership and Martha B. Gudelsky, were ordered to pay costs in both this court and the Court of Special Appeals. Additional notes indicate that a pre-hearing conference for a 1999 appeal took place, but no further orders were issued, and that appeal remains on hold pending the outcome of the 1998 petition for certiorari.