Feinberg v. George Washington Cemetery, Inc.

197 A.2d 147, 233 Md. 440, 1964 Md. LEXIS 539

• Court: Court of Appeals of Maryland
• Decided: January 31, 1964
• Docket: [No. 204, September Term, 1963.]
• Status: Published

Opinion

Per Curiam.

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.