Grimberg v. Marth

659 A.2d 1287, 338 Md. 546, 1995 Md. LEXIS 80
CourtCourt of Appeals of Maryland
DecidedJune 20, 1995
DocketNo. 124
StatusPublished
Cited by19 cases

This text of 659 A.2d 1287 (Grimberg v. Marth) 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
Grimberg v. Marth, 659 A.2d 1287, 338 Md. 546, 1995 Md. LEXIS 80 (Md. 1995).

Opinion

KARWACKI, Judge.

In this case, we issued a writ of certiorari to determine whether an appraiser’s claim arising from a contract with a personal representative of a decedent’s estate is barred under the limitations provision found in Maryland Code (1974, 1991 Repl.Vol.), § 8-103(c) of the Estates and Trusts Article.1

I

Madeline C. Carroll died on January 27, 1991. Her son, Charles T. Carroll, Jr. and daughter, Madeline P. Grimberg (“Grimberg”) were appointed as personal representatives of her estate. In February, 1991, the estate contracted with Susan Marth (“Marth”), who specializes in the appraisal of glassware, to provide appraisal services for tangible personal property in the estate, including a valuable collection of glassware. Marth was to value the property for the probate inventory and for the federal estate tax return. The appraisal was also to be used to price the glassware for sale.

The contract called for payment for appraisal services at the hourly rate of $150.00, due upon delivery of the appraisal document. Any additional services provided were to be billed at the same hourly rate, with payment due upon receipt of a statement. Sub-appraisers, hired at a lower hourly rate to keep costs down, were to be billed through Marth.

Marth hand-delivered the appraisal to Grimberg in July, 1991. On July 30, 1991, the estate made a partial payment of Marth’s fees. The estate sale continued for several more months, and Marth continued to provide services. On October 25, 1991, Grimberg went to Marth’s house to reconcile the hours worked and received Marth’s final bill. Marth testified that, at that time, Grimberg asked Marth to wait to be paid until the decedent’s house was sold, implying that there were [550]*550insufficient funds in the estate to pay the remainder of the bill.2

On April 10, 1992, Márth filed a claim with the Register of Wills for fees of $20,500.00 plus interest. The claim credited the estate for the $15,000.00 payment already made on account of those fees and a $500.00 payment made for expenses. Due to an error by a clerk in the office of the Register of Wills, Marth’s claim was not noted on the Claims Docket until May, 1994.

Settlement on the sale of decedent’s house took place on November 29, 1993. Still receiving no payment, Marth filed a petition for payment in the Orphans’ Court for Montgomery County in April, 1994, to which the estate objected. In its objection to that petition, the estate, inter alia, asserted that Marth’s claim was time-barred.

After conducting an evidentiary hearing and considering arguments of counsel, Judge L. Leonard Ruben, sitting as the Orphans’ Court for Montgomery County3, entered judgment on June 22, 1994, in favor of Marth in the amount of $20,-500.00. On June 30, 1994, the estate filed a motion to alter or amend the judgment which was denied by Judge Ruben on August 4, 1994. On August 30, 1994, the estate appealed to the Court of Special Appeals, and Appellee moved to dismiss the appeal as having been untimely filed. Prior to any [551]*551consideration of the case by the intermediate appellate court, we issued a writ of certiorari on our own motion.

Appellants contend that Marth’s claim is clearly barred by the statute of limitations and no exceptions to that statute are applicable in this case. Arguing that the operative action for limitations purposes is filing a petition for payment in the Orphans’ Court rather than filing a claim with the Register of Wills, Appellants conclude that Judge Ruben abused his discretion in declining to vacate his earlier determination that Marth’s claim was not time-barred.

Appellee responds that the statute of limitations was tolled by the conduct of the parties, namely Grimberg’s statement that there would not be enough money to pay Marth’s bill until after the decedent’s house had been sold. Further, Appellee asserts that the personal representatives are es-topped from relying on the statute of limitations and that any such defense has been waived by inducement or by the partial payment made in July, 1991. Finally, Appellee contends that the estate did not timely file this appeal and it must be dismissed. We agree -with Appellee only as to estoppel and waiver and, for the reasons hereinafter set forth, we shall affirm the judgment of the Orphans’ Court.

II

We must first address Appellee’s contention that this appeal was not timely filed. An appeal may be taken from any final judgment of an orphans’ court. Md.Code (1974, 1995 Repl.Vol.), § 12-501 of the Courts and Judicial Proceedings Article. A final judgment is any judgment or order which is “so far final as to determine and conclude the rights involved in the action, or to deny to the party seeking redress by the appeal the means of further prosecuting or defending his rights and interests in the subject matter of the proceeding.” In Re Buckler Trusts, 144 Md. 424, 427, 125 A. 177, 178 (1924) (citation omitted). Where a trial court’s order has the effect of putting the parties out of court, it is generally a final appealable order. See, e.g., Walbert v. Walbert, 310 Md. 657, [552]*552531 A.2d 291 (1987) (order denying motion to set aside judgment was final appealable order because it put the parties out of the trial court completely). In this case, the denial of the motion for reconsideration of the June 22, 1994, judgment precluded the parties from any further proceedings in the Orphans’ Court and was, therefore, a final judgment for purposes of appeal.

In previous cases, we have stated that the refusal by an orphans’ court to reopen a prior decision is not an appeal-able order. See, e.g., Suitland Dev. Corp. v. Merchants Mortg. Co., 254 Md. 43, 55, 254 A.2d 359, 365 (1969) (quoting Gold Dust Corp. v. Zabawa, 159 Md. 664, 666-67, 152 A. 500, 502 (1930)) (“ ‘although ... appeals are allowed from all decisions of orphans’ courts, it is considered that no appeals are allowed by that statute from decisions declining to reopen previous decisions.’ ”); see also Sykes, Md. Probate Law and Practice (1956), § 246. In those situations, however, the motion for reconsideration was filed after the statutory time for appeal had elapsed. An orphans’ court only has revisory power over its judgments for thirty days. Md.Code (1974, 1995 Repl.Vol.), § 6-408 of the Courts and Judicial Proceedings Article. After thirty days, the orphans’ court can only revise its judgments in cases of “fraud, mistake, irregularity, or failure of an employee of the court or of the clerk’s office to perform a duty required by statute or rule.” Id. The denial of a motion for reconsideration filed beyond the thirty-day time limit cannot be a final appealable judgment unless the motion alleges the specific grounds just quoted from § 6-408; the parties already have been precluded from further proceedings in the orphans’ court by the passing of the revisory time period.

Under Maryland Rule 2-534, the time for appealing a judgment is tolled when a motion to alter or amend that judgment is filed within ten days of its entry. Title 2 of the Md. Rules, however, generally does not govern proceedings in an orphans’ court. Md. Rule 1-101; Anthony v. Clark, 335 Md. 579, 644 A.2d 1070 (1994).

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Bluebook (online)
659 A.2d 1287, 338 Md. 546, 1995 Md. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimberg-v-marth-md-1995.