Baltimore City Lodge No. 3 of Fraternal Order of Police, Inc. v. Mantegna

487 A.2d 1252, 61 Md. App. 694, 6 Employee Benefits Cas. (BNA) 1337, 1985 Md. App. LEXIS 321
CourtCourt of Special Appeals of Maryland
DecidedFebruary 14, 1985
DocketNo. 677
StatusPublished
Cited by2 cases

This text of 487 A.2d 1252 (Baltimore City Lodge No. 3 of Fraternal Order of Police, Inc. v. Mantegna) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baltimore City Lodge No. 3 of Fraternal Order of Police, Inc. v. Mantegna, 487 A.2d 1252, 61 Md. App. 694, 6 Employee Benefits Cas. (BNA) 1337, 1985 Md. App. LEXIS 321 (Md. Ct. App. 1985).

Opinion

ADKINS, Judge.

Appellee, Eva Marie Mantegna (Mrs. Mantegna), sued appellant, The Baltimore City Lodge No. 3 of the Fraternal Order of Police, Inc. (FOP), in the Circuit Court for Baltimore City. She sought to recover counsel fees that she incurred in the course of obtaining a divorce from her former husband, Joseph Mantegna, an FOP member. She asserted her claim against FOP as a third-party beneficiary of a pre-paid legal plan established by FOP for its members. She recovered a judgment in the amount of $4,710.

On appeal from that judgment FOP asserts that

1. The ad damnum clause in Mrs. Mantegna’s declaration was insufficient to invoke the jurisdiction of the Circuit Court for Baltimore City; and

2. The court erred in finding that Mrs. Mantegna was a third-party beneficiary of the pre-paid legal plan.

We reject both contentions and affirm.

[696]*696 The Ad, Damnum Clause

In 1980, when Mrs. Mantegna filed her action, the District Court of Maryland had exclusive original jurisdiction over any civil contract action in which the amount in controversy did not exceed $2,500. Courts and Judicial Proceedings Article §§ 4-401 and 4-402(d)(l) (1980 Repl.Vol.). When the amount in controversy exceeded $2,500 but was less than $5,000, the District Court and the circuit courts had concurrent jurisdiction.1

So far as damages were concerned, Mrs. Mantegna’s declaration said:

13. That, as a result of the aforesaid breach of contract, Plaintiff has suffered damages in excess of Two-Thousand Five Hundred Dollars____
WHEREFORE this suit is brought and Plaintiff claims damages in an amount to be proved at trial.

FOP’s attempt to demonstrate that this language does not invoke the jurisdiction of the circuit court borders on the absurd. FOP seeks to accomplish this extraordinary leap of logic by conveniently disregarding the words “in excess of” and by focusing simply on the dollar amount stated. This will not wash. Mrs. Mantegna alleged she had suffered damages “in excess of” $2,500 and claimed “damages in amount to be proved at trial.” Obviously, the sum claimed exceeded $2,500, even though the precise amount by which her damages exceeded that figure was to be established by evidence. Paragraph 13 of the declaration and the immediately-following “WHEREFORE” paragraph must be read together. When so read, they constitute an ad damnum clause sufficient to support circuit court jurisdiction.

FOP attempts to bolster or expand its jurisdictional argument by pointing out that in a civil action for damages a [697]*697declaration that asserts no monetary amount of damages whatsoever is demurrable as lacking a necessary jurisdictional fact. Treusch v. Kamke, 63 Md. 274, 276-77 (1885). We are also informed that a plaintiff may not recover damages in an amount greater than that claimed. See Md. Rule 1073(b). See also Carl M. Freeman Associates, Inc. v. Murray, 18 Md.App. 419, 420 n. 3, 306 A.2d 548 cert. denied, 269 Md. 756 (1973). Each of these propositions is a correct statement of law, but neither applies to this case. FOP did not test the adequacy of the ad damnum clause by demurring; it interposed general issue pleas. In any case, again reading paragraph 13 and the “WHEREFORE” paragraph together, it is plain that the declaration set forth a claim for damages expressed in terms of a monetary sum: an amount in excess of $2,500. Nor did Mrs. Mantegna’s recovery of $4,710 exceed the amount she claimed. She did not seek damages of $2,500, but rather damages in excess of $2,500. This is what she obtained.

FOP’s real complaint seems to be that the declaration was not sufficiently precise as to damages because it set no upper limit on the claim. Had Mrs. Mantegna employed the more usual mode of pleading and said (following paragraph 13 of the declaration) “WHEREFORE this suit is brought and Plaintiff claims damages of $50,000 and costs,” all of FOP’s objections would have been met, although it still would have been in the dark as to the precise sum involved.2 But Maryland practice does not demand such precision in pleading, as our example of the customary ad damnum clause illustrates. Former Md.Rule 301 required a pleading to “contain only such statements of fact as may be necessary to constitute a cause of action” and deemed sufficient [698]*698a pleading that did this “without reference to mere form____” Former Rule 340 a, applicable to actions at law, required a declaration to comply with Rule 301 and to “contain a demand for judgment for the relief to which the plaintiff deems himself entitled.” Errors or defects in pleadings that did not “affect the substantial rights of the parties” were to be disregarded. Former Rule 320 a.4. Accord present Md.Rules 2-303(b), 2-305, and 2-341(c). Mrs. Mantegna’s declaration complied with the rules in effect when it was filed.3 FOP could have addressed any legitimate concerns about the precise amount of damages claimed through the discovery process.

Mrs. Mantegna as Third-Party Beneficiary

As we have noted, Mrs. Mantegna’s suit against FOP was based on the theory that she was the third-party beneficiary of a contract between FOP and its members — a contract providing for pre-paid legal services. As to that theory, the record reveals the following:

In December, 1976, Mr. Mantegna was a Baltimore City police officer and an active member of FOP. In that month he received a communication from FOP. This communication outlined the many benefits FOP offered its members. It proposed the creation of an additional benefit: a pre-paid legal plan. So far as pertinent to this case, the communication advised that the plan would be available “to each member and his eligible dependents.” It defined “eligible dependents” as “a spouse and/or children eighteen ... years of age and under.” One of the services available under the plan was described as “[djomestic problems — including divorce, legal separation, adoption of children, change of name.” The communication also pointed out that to fund this plan (as well as other services) it would be necessary to increase FOP dues from $1.00 to $2.50 per pay period for each active member. Enclosed was a proposed [699]*699resolution to amend the FOP by-laws by increasing the dues in that amount. The resolution recited, inter alia, that FOP “provides family law services to the membership and their eligible dependents.”

Mrs. Mantegna and her then-husband discussed the communication and the resolution. According to her testimony, they decided the pre-paid legal plan would be beneficial. At an FOP membership meeting in early 1977, the resolution was adopted, with Mr. Mantegna voting in the affirmative.

Later in 1977, and again in 1978, FOP mailed brochures to its members. These brochures described the pre-paid legal plan. Each of these brochures stated that the plan extended to members and eligible beneficiaries, defined eligible beneficiaries to include spouses of members, and listed divorce as one of the covered services.

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487 A.2d 1252, 61 Md. App. 694, 6 Employee Benefits Cas. (BNA) 1337, 1985 Md. App. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltimore-city-lodge-no-3-of-fraternal-order-of-police-inc-v-mantegna-mdctspecapp-1985.