Attorney Grievance Commission v. Marano

474 A.2d 1332, 299 Md. 633, 1984 Md. LEXIS 289
CourtCourt of Appeals of Maryland
DecidedMay 25, 1984
DocketMisc. (BV) No. 22, September Term, 1983
StatusPublished
Cited by6 cases

This text of 474 A.2d 1332 (Attorney Grievance Commission v. Marano) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Attorney Grievance Commission v. Marano, 474 A.2d 1332, 299 Md. 633, 1984 Md. LEXIS 289 (Md. 1984).

Opinions

MURPHY, Chief Judge.

The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Philip S. Maraño, alleging violations of the Disciplinary. Rules of the Code of Professional Responsibility. We referred the matter, pursuant to Maryland Rule BV9 b, to Judge Thomas Ward of the Circuit Court for Baltimore City to make findings of fact and conclusions of law. After conducting an evidentiary hearing, Judge Ward made the following findings:

“FACTS

“The Petitioner produced documentary evidence plus the testimony of Salvatore Glorioso and William Allen, Deputy Clerk of the Circuit Court of Baltimore County. The Defendant, Philip Maraño, testified for himself.

“The facts revealed that Salvatore Glorioso had retained Mr. Maraño over a considerable period of time for all his work because Mr. Maraño spoke Italian, and Mr. Glorioso, being an Italian immigrant to the United States, felt comfortable with him. Included among the work for which Mr. Glorioso retained Mr. Maraño was the sale of Glorioso’s Groceries and Delicatessen, Inc. to Frank and Rosalie Scaccio, concerning which a contract was entered into in September of 1978 calling for the sale of the grocery business and [635]*635the accompanying beer and wine license for a purchase price of $18,000.00.

“The agreement was reduced to writing, and an advisory settlement date scheduled to occur after the license was transferred. In addition to the downpayment, the money was to be paid over a five (5) year period. If the license was not transferred, the price would be reduced $1,000.00. In addition to all of the above, all of the profits obtained from the sale of beer and wine on the premises while the license was pending transfer was to belong to the seller, Glorioso. The buyers were permitted to operate the business pending the settlement of the business and transfer of the license.

“Mr. Glorioso testified that he complained that Mr. Maraño never told him when the license was transferred despite repeated calls. No accountings were made of monies received from the sale of beer and wine to Mr. Glorioso, in violation of the contract, despite numerous calls again from Mr. Glorioso to Mr. Maraño. And, finally, Mr. Glorioso testified that in the spring of 1979 he learned that the grocery had burned up, and he called his attorney reporting the information to him, inquiring about the money, etc. Mr. Maraño said don’t worry about it, he would take care of it, and Mr. Glorioso was advised by Mr. Maraño to pick up a check from the insurance company for the value of the lost inventory and business. Mr. Glorioso further testified that he did this, and, in fact, produced a check which he gave to Mr. Maraño, but noticed that it was payable to “Little Sicily”, the new name of the business as operated by Frank and Rosalie Scaccio, the buyers. The testimony was that despite the fact Mr. Maraño was aware of the incorrect payee on the check in question, that for over a month he did nothing about it, until he later learned from Mr. Glorioso that the insurance company had either issued another check payable to Little Sicily, or somehow or another regained control of the check in question and paid it to them. In any event, the payees, buyers, that is, Frank and Rosalie Scaccio, received the sum of $17,600.00 as a result of the fire [636]*636occurring at what was formerly known as Glorioso’s Groceries. Mr. Salvatore Glorioso was out according to the insurance company.

“In Mr. Marano’s own testimony, he admits to substantially the facts as previously stated by Mr. Glorioso, and produced evidence that he had notified the fire insurance carrier of Glorioso’s Groceries immediately after the contract in September, 1978, that the business was being sold, and asked the insurance company to enter as endorsements on the policy the protected interest of the purchasers, Little Sicily, as operated by Frank and Rosalie Scaccio.

“However, despite the fact that Mr. Maraño had acted promptly in notifying the insurance company of the change of endorsement in protection of the contract purchasers in the spring of 1978, when he learned of the fire which occurred in the spring or May of 1979, he did nothing. He neither checked to see that the insurance company was notified, did not check to see whether or not the contract purchasers had fire insurance on the property, and he did not notify the insurance company and make a claim on behalf of his client, Salvatore Glorioso.

“In any event, Glorioso was out and Scaccio was in, and the only thing, according to Mr. Maraño, to do was to enter suit, which he did finally in the Circuit Court of Baltimore County in Equity entitled Glorioso’s Groceries and Delicatessen, Inc. v. Frank Scaccio and Rosalie Scaccio, his wife (Case No. 102477, Docket 140, Folio 135).

“Docket entries show suit was filed on November 15, 1979, the defendants filed a Demurrer to the Bill of Complaint on December 7, 1979, a hearing was held on the Demurrer on May 5, 1980, and that an Answer to the Bill of Complaint was filed on the 15th of May, 1980. A Rule 530 dismissal was entered in the case on November 9, 1981, leave to suspend for ninety days was granted on December 10, 1981, and the case was finally dismissed by order of court on May 20, 1982. A Petition was filed to again [637]*637suspend the dismissal under Rule 530, and Judge Raine refused to grant the Petition on June 11, 1982.

“No question was raised at the time of the hearing concerning a propriety of filing the case in Equity.

“The evidence showed that Mr. Maraño did not request that the matter be placed on the Equity Docket for purposes of trial. Deputy Clerk William Allen of the Circuit Court of Baltimore County testified that he had been Deputy Clerk 28 years and supervisor of the legal department for the last 12 years with respect to the assignment of equity cases. He said from 1976 onwards it became necessary to request a hearing in equity cases when counsel desired to have cases heard on their merits. This case in question, the case of Glorioso’s Groceries, et al. above referred to, was not, therefore, assigned a trial date during the time that it rested in the files of the Baltimore County Courthouse. Mr. Allen testified that most of the attorneys who practice in Baltimore County are familiar with this procedure.

“Cross examination of Mr. Allen revealed that mechanics liens cases are assigned without request because of the nature of the matter, but law cases are set in automatically. He further testified that the procedures for the change with respect to equity cases (that is, the rule that attorneys must request a hearing) was posted in The Daily Record in 1976. He further testified that if a case is dismissed under Rule 530, an attorney must request that it be placed back on the trial docket even though it had previously been on the trial docket.

“The record clearly shows that at no time did Mr. Maraño request a trial date on behalf of the case in question either before or after the dismissal of Rule 530.

“There is no evidence to show that Mr. Maraño did anything during the ninety day grace period between December 10, 1981 and May 20, 1982, when the case was finally dismissed.

[638]*638“Meanwhile, as the months and years rolled by, Mr.

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Related

Attorney Grievance Commission v. Marano
511 A.2d 512 (Court of Appeals of Maryland, 1986)
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510 A.2d 1087 (Court of Appeals of Maryland, 1986)
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474 A.2d 1338 (Court of Appeals of Maryland, 1984)

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Bluebook (online)
474 A.2d 1332, 299 Md. 633, 1984 Md. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-marano-md-1984.