Opinion
[No. 204, September Term, 1963.]
Decided January 31, 1964.
APPEAL — In The Absence Of A Final Judgment There Can Be No Review Of The Ruling On The Motion For Judgment N.O.V. p. 441
H.C.
Decided January 31, 1964.
Appeal from the Circuit Court for Howard County (MACGILL, J.).
Action by George Washington Cemetery, Inc., and others, against Max Feinberg, and others. From the trial court's order denying the defendants' motion for judgment N.O.V. but granting their motion for a new trial, the defendants appeal.
Appeal dismissed, with costs.
The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, HORNEY and SYBERT, JJ.
Charles E. Hogg, with whom was Charles A. Reese on the brief, for appellants.
Jerrold V. Powers, with whom were Sasscer, Clagett Powers on the brief, for appellees.
After the remand in the earlier case of Feinberg v. Geo. Wash. Cemetery, 226 Md. 393, a jury brought in a verdict for the plaintiff. On motion for judgment N.O.V. or in the alternative for a new trial, the court denied the motion for judgment N.O.V. but granted a new trial. Since there is no final judgment to appeal from, the motion to dismiss the appeal must be granted. Snyder v. Cearfoss, 186 Md. 360, 366; Code (1957), Art. 5, sec. 1. In the absence of a final judgment there can be no review of the ruling on the motion N.O.V. Sears v. B. O. Railroad, 219 Md. 118, 122.
Appeal dismissed, with costs.