Heinlein v. Stefan

759 A.2d 1180, 134 Md. App. 356, 2000 Md. App. LEXIS 160
CourtCourt of Special Appeals of Maryland
DecidedSeptember 29, 2000
DocketNo. 2205
StatusPublished
Cited by2 cases

This text of 759 A.2d 1180 (Heinlein v. Stefan) 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
Heinlein v. Stefan, 759 A.2d 1180, 134 Md. App. 356, 2000 Md. App. LEXIS 160 (Md. Ct. App. 2000).

Opinion

MOYLAN, Judge.

When granting a divorce, a judge may unilaterally retain jurisdiction over yet unresolved marital property issues for an additional period of 90 days if in the divorce decree itself that reservation of jurisdiction is expressly made. For that reservation of jurisdiction to extend beyond 90 days, however, it is required that both parties to the divorce consent to such a further extension. The precise issue before us, assuming otherwise valid consent by the parties, is that of what, if any, time constraints there are on the act of giving formal consent. As an incident of resolving that question, we will revisit the never-ending riddle of what, if any, significancé to give to words, phrases, or sentences that may appear in appellate opinions.

The immediate concern of this appeal is with the authority of the Circuit Court for Baltimore County to distribute marital property following the absolute divorce of the appellant, Joseph George Heinlein, and the appellee, Robin Stefan. The sole issue is whether, after the lapse of 90 days, the court lost jurisdiction to engage in the distribution of marital property.

The Formal Proceedings

On July 11, 1995, the appellee filed a Complaint for a Limited Divorce, later amended to constitute a Complaint for an Absolute Divorce, in the Circuit Court for Baltimore Coun[359]*359ty. The appellee sought custody of the parties’ minor child, child support, a monetary award, and the division of marital property. The appellant filed a Counter Complaint for Absolute Divorce on October 17, 1996. The trial on the merits took place on September 23, 1998, before Judge Barbara Kerr Howe. The issues of custody, visitation, and child support were resolved. The marital property question remained unsettled. At the conclusion of the trial, Judge Howe reserved jurisdiction and then cautiously advised:

It is my understanding that the marital property issues which have arisen from the union of Miss Stefan and Mr. Heinlein are reserved for future determination by the Court. We would hope to have these matters scheduled within the next 90 days, but absent that, due to scheduling purposes, / have asked that counsel obtain the signatures of each party to this case so that we don’t violate the Family Law Article and the rules which would require and demand of me that I determine those issues within 90 days indicating, again, we hope to get them in within 90 days and fully and finally litigated and resolved, and I now have that agreement to extend the time by consent beyond the 90 days from the date of divorce absolute and for reservation of my authority to make such a, determination.

(Emphasis supplied).

Pursuant to the advice and request of Judge Howe, on September 23, 1998, the following “Consent to Reservation of Jurisdiction for Purpose of Determining Marital Property” (“Consent Agreement”) was signed by both parties:

The parties hereto ... pursuant to Family Law Article, § 8-203(a), hereby consent to an extension time in which this Court shall determine the marital and non-ma,rital property of the parties in conjunction with their action for absolute divorce, as well as any monetary award beyond ninety (90) days from the date of any absolute divorce between the parties and farther consent to a reservation of the Court’s authority to make such a determination.

[360]*360(Emphasis supplied). On April 27, 1999, the written “Judgment of Absolute Divorce” was signed by the court and docketed.

After the entry of that written divorce decree, the parties engaged in battle over whether the court still had jurisdiction to decide issues of marital property distribution. The appellee contended that, by virtue of the September 23, 1998, Consent Agreement, the parties had agreed to extend Judge Howe’s authority to resolve marital property issues beyond ninety days from the date of any divorce decree. The appellant, on the other hand, contended that the Consent Agreement only had effect for ninety days from the date of the September 23, 1998, hearing and that a new and superseding “Consent Agreement” would have to have been signed by the parties following the April 29, 1999, written Judgment of Absolute Divorce and that no such new and superseding “Consent Agreement” had been signed.

On October 5, 1999, the appellee filed a “Motion to Reserve Jurisdiction of Court.” The appellant responded by filing an “Answer to Motion to Reserve Jurisdiction of Court.” On October 18, 1999, Judge Howe granted the appellee’s Motion to Reserve Jurisdiction. The appellant responded with a Motion to Dismiss which was denied. This appeal followed.

The Timeliness of Consent

The time period involved was more than 90 days after either September 23, 1998, or April 27, 1999. The consent of the parties was, therefore, an indispensable prerequisite to Judge Howe’s extended jurisdiction over the marital property issues. The issue before us concerns the third requirement of § 8-203(a)(3) of the Family Law Article that “the parties consent to this extension.” The precise language of the Consent Agreement signed by both parties on September 23, 1998, provides:

The parties ... consent to an extension time ... beyond ninety (90) days from the date of any absolute divorce between the parties....

[361]*361(Emphasis supplied). By that Consent Agreement the parties manifested their intent to give the court jurisdiction to decide marital property issues beyond the 90-day period following the entry of the judgment of an absolute divorce.

The appellant’s only challenge to the consent is with respect to its timeliness. Although the resolution of the dispute will not be ultimately dispositive, there is a contextual dispute between the appellant and the appellee as to the precise date when the divorce became final and consequently when the initial 90-day period began to run. The appellee argues for September 23, 1998, when Judge Howe announced from the bench that she was granting the divorce. The appellant argues for April 27, 1999, the day the written Judgment of Absolute Divorce was signed by Judge Howe and docketed.

“The old, old question of when is a judgment a judgment”

Cedar Creek Oil and Gas Co. v. Fidelity Gas Co., 238 F.2d 298 (9th Cir.1956), referred to “the old, old question of when is a judgment a judgment.” The analytic framework for examining such a question in Maryland was established by Judge Raker in Davis v. Davis, 335 Md. 699, 646 A.2d 365 (1994). She there pointed out that granting a judgment is a two-step process:

[T]wo acts must occur for an action by a court to be deemed the granting of a judgment: the court must render a final order and the order must be entered on the docket by the clerk. These two required acts — rendition of a judgment by the court and entry of the judgment by the clerk — are discrete occurrences. Rendition of judgment is the judicial act by which the court settles and declares the decision of the law on the matters at issue.

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Bluebook (online)
759 A.2d 1180, 134 Md. App. 356, 2000 Md. App. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heinlein-v-stefan-mdctspecapp-2000.