Opinion
No. 1880
12-23-2015
Erica P. Paul, et vir. v. James E. Clarke, et al., Substitute Trustees
UNREPORTED
Eyler, Deborah S., Arthur, Salmon, James P. (Retired, Specially Assigned), JJ. Opinion by Salmon, J. *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.
Erica P. Paul and Jon C. Paul, in 2011, signed a $746,169 promissory note that was secured by a deed of trust. The deed of trust encumbered property known as 13007 Woodmore North Blvd., Bowie, MD (hereinafter "the Property"). The note holder and secured party was First Home Mortgage Corporation which subsequently assigned its interest in the note and the deed of trust to Wells Fargo Bank, NA ("Wells Fargo"). After the note fell into default, Wells Fargo appointed James E. Clarke, Renee Dyson and Shannon Menapace as Substitute Trustees. The Substitute Trustees, on February 28, 2014, docketed a foreclosure action in the Circuit Court for Prince George's County to enforce the lien against the Property. Erica and Jon Paul, pro se, filed a motion for a more definite statement of facts together with a request for a hearing on April 1, 2014. Movants alleged that "ambiguities" contained in the notice to docket prevented them from adequately addressing the standing of the Substitute Trustees; the ambiguities also were alleged to have prevented them from addressing whether the Circuit Court for Prince George's County had jurisdiction to hear the case. On October 24, 2014, the circuit court denied appellant's motion without a hearing. Within thirty (30) days, Erica and Jon Paul filed a notice of appeal to this Court. The Substitute Trustees, inter alia, had filed a motion to dismiss this appeal for want of a final judgment. For reasons explained below, we shall grant that motion.
DISCUSSION
With a few exceptions, none of which are here even arguably applicable, a party has a right to file an appeal to this Court only when the circuit court has entered a final judgment. See Md. Code (2013 Repl. Vol.), Court & Judicial Proceedings Article, section 12-301. To constitute a final judgment, the judgment must have several attributes. One of which is that it must "'adjudicate or complete the adjudication of all claims against all parties[.]'" See Board of Liquor License Commissioners for Baltimore City v. Fells Point Cafe, Inc., 344 Md. 120, 129 (1996) (quoting Rohrbeck v. Rohrbeck, 318 Md. 28, 41 (1989)). The order from which appellants appealed did not adjudicate or complete the adjudication of any claim in this matter. It therefore was not a final order and, as a consequence, this Court has no jurisdiction to entertain this appeal.
APPEAL DISMISSED; COSTS TO BE PAID BY APPELLANTS.