Opinion
No. 2816
02-10-2020
RAMEZ GHAZZAOUI v. BARBARA G. TAYLOR
Circuit Court for Anne Arundel County
Case No. 02-C-08-132727
UNREPORTED
Graeff, Arthur, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ. PER CURIAM *This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.
On October 15, 2009, the Circuit Court for Anne Arundel County entered a judgment against Ramez Ghazzaoui, appellant, in favor of Barbara Taylor, appellee, in the amount of $5,208.40 On July 17, 2012, the circuit court entered a second judgment against Mr. Ghazzaoui in favor of Ms. Taylor in the amount of $20,732.10. In an attempt to satisfy those judgments, Ms. Taylor filed two "Requests for Writ of Execution" on real property owned by Mr. Ghazzaoui, which the court issued. Mr. Ghazzaoui then filed a "Motion for Release of Property from Levy, for Exemption to Quash or Vacate, and for Protective Order," (Motion for Release of Property from Levy) wherein he requested the court to vacate the Writs of Execution and prohibit Ms. Taylor from attempting to levy his property in the future. The court denied that motion. Thereafter, Mr. Ghazzaoui and Ms. Taylor reached a settlement with respect to both judgments. Mr. Ghazzaoui paid the agreed upon settlement amount to Ms. Taylor on November 5, 2018, and the same day she filed an Order of Satisfaction in the circuit court with respect to each judgment. The next day she also filed a Release of Lien, which released the property from both judgment liens.
The circuit court appointed Ms. Taylor as a best interest attorney for Mr. Ghazzaoui's minor child during a divorce and child custody case involving Mr. Ghazzaoui and his ex-wife. Both judgments were entered after Mr. Ghazzaoui failed to pay the attorney's fees and costs that the court awarded to Ms. Taylor based on that representation. --------
Mr. Ghazzaoui then filed a notice of appeal on November 16, 2018. On appeal, he contends that the court erred in denying his Motion for Release of Property from Levy because he was not properly served with the Writs of Execution. Ms. Taylor disagrees and has also filed a motion to dismiss the appeal as moot. The record indicates, and Mr. Ghazzaoui acknowledges in his brief, that "the underlying money judgments [have] been satisfied and the levy permanently lifted." Therefore, the case is moot as there is no longer "a controversy between the parties for which, by way of resolution, the court can fashion an effective remedy[.]" Potomac Abatement, Inc. v. Sanchez, 424 Md. 701 (1991) (citation omitted). Because no exception to the mootness doctrine applies, we shall grant Ms. Taylor's motion to dismiss the appeal.
MOTION TO DISMISS APPEAL GRANTED. COSTS TO BE PAID BY APPELLANT.