Jones v. Hubbard

740 A.2d 1004, 356 Md. 513, 1999 Md. LEXIS 659
CourtCourt of Appeals of Maryland
DecidedNovember 16, 1999
Docket25, Sept. Term, 1999
StatusPublished
Cited by52 cases

This text of 740 A.2d 1004 (Jones v. Hubbard) 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
Jones v. Hubbard, 740 A.2d 1004, 356 Md. 513, 1999 Md. LEXIS 659 (Md. 1999).

Opinion

CATHELL, Judge.

On November 8, 1994, petitioners agreed to sell the property described as 10693 Chesterfield Forest Road, Millington, Maryland to respondent for $100,000.00. On March 7, 1996, respondent filed an action against petitioners in the Circuit Court for Kent County to recover for breach of contract arising out of that real estate transaction. The case came before the circuit court for a hearing on the merits on February 13, 1997. Prior to trial that day, the trial judge rendered a judgment pursuant to the parties’ consent in favor of respondent in the amount of $5,000.00 with a proviso that it could be settled upon the payment of $2,550.00 within thirty days. The judgment was indexed and recorded.

*518 The thirtieth day fell on Saturday, March 15, 1997. In a handwritten memo dated March 10, 1997, petitioners advised respondent that they would pay the judgment on Monday, March 17, 1997 with a cashier’s check. On March 17, the thirty-second day, petitioners presented respondent with a cashier’s check for $2,500.00 and $50.00 cash and requested that respondent mark the judgment “released and satisfied.” Respondent refused to file an Order of Satisfaction arguing that the $2,550.00 should have been paid by March 15, 1997, even though that day was a Saturday.

On April 3, 1997, respondent filed a Petition for Deposition in Aid of Enforcement of Judgment. Petitioners filed an answer to that petition on April 8, 1997, and filed a Motion for Injunction, claiming that they had effectively paid within the thirty-day requirement because, pursuant to Maryland Code (1957, 1995 Repl.Vol.), Article 94, section 2 and Maryland Rule l-203(a), they had until March 17, 1997, to satisfy the judgment at the discounted rate. The circuit court denied this motion and on May 5, 1997, petitioners filed a Motion to Amend or Revise the Judgment, which was also denied.

The Court of Special Appeals affirmed the circuit court, holding that the discount provision did not constitute a court order. We granted a writ of certiorari to consider whether the trial court properly ruled that the parties’ agreement to discount a judgment for payment within thirty days was not governed by Maryland Code (1957, 1998 Repl.Vol.), Article 1, section 36 1 and Maryland Rule l-203(a), and the due date for payment, therefore, was not extended by virtue of falling on a Saturday. We hold that the trial court erred, that the agreement to discount the judgment was a court order governed by Maryland Rules l-203(a) and l-202(n), and the due date for payment was extended by virtue of falling on a Saturday. *519 Accordingly, we reverse. We shall not reach the applicability of Article 1, section 36.

I. Discussion and Analysis

The threshold issue is whether the discount provision was a court order governed by the relevant provisions. To make this determination, we need to analyze three distinct questions of law: (1) whether the trial court rendered a final judgment; (2) if a final judgment was rendered, whether it included the discount provision; and (3), if a final judgment, which included the discount provision, was rendered, whether and how Maryland Rule l-203(a) would affect the due date for payment of the judgment.

A. Consent Judgments

There are two rules of court which are determinative as to whether the trial court rendered a judgment in this particular case. Maryland Rule l-202(n) defines judgment as “any order of court final in its nature entered pursuant to these rules.” Accordingly, a judgment is an order of court. Additionally, at the time this judgment was rendered, Maryland Rule 2-601 (1997) 2 prescribed the manner in which a judgment must be entered as follows:

(a) When Entered.—Upon a general verdict of a jury or upon a decision by the court allowing recovery only of costs or a specified amount of money or denying all relief, the clerk shall forthwith enter the judgment, unless the court orders otherwise. Upon a special verdict of a jury or upon a decision by the court granting other relief, the clerk shall enter the judgment as directed by the court. Unless the court orders otherwise, entry of the judgment shall not be delayed pending a determination of the amount of costs.
*520 (b) Method of Entry—Date of Judgment.—The clerk shall enter a judgment by making a record of it in writing on the file jacket, or on a docket within the file, or in a docket book, according to the practice of each court, and shall record the actual date of the entry. That date shall be the date of the judgment.
(c) Recording and Indexing.—Promptly after entry, the clerk shall record and index the judgment, except a judgment denying all relief without costs, in the judgment records of the court.

This Court has previously interpreted the interplay between these two rules as follows:

Read in conjunction, Rule l-202(m)[ 3 ] and Rule 2-60[ 4 ] make clear that two 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. In other words, rendition is the court’s pronouncement, by spoken word in open court or by written order filed with the clerk, of its decision upon the matter submitted to it for adjudication. The second act required under Maryland law—the clerk’s entry of the judgment on the docket—is the purely ministerial act by means of which permanent evidence of the judicial act of rendering the judgment is made a record of the court. See Doehring v. Wagner, 311 Md. 272, 533 A.2d 1300 (1987); Corey v. Carback, 201 Md. 389, 94 A.2d 629 (1953).
*521 A judgment is therefore not granted until it is both properly rendered and properly entered.

Davis v. Davis, 335 Md. 699, 710, 646 A.2d 365, 370 (1994); see also Claibourne v. Willis, 347 Md. 684, 690, 702 A.2d 293, 296 (1997); Board of Liquor License Comm’rs v. Fells Point Cafe, Inc., 344 Md. 120, 127-28, 685 A.2d 772, 775 (1996). In the case sub judice, both of these requirements were met when the court rendered a consent judgment in favor of respondent and the clerk recorded the judgment on the docket and indexed it.

‘Rendition of judgment is ... the court’s pronouncement, by spoken word in open court or by written order filed with the clerk, of its decision upon the matter submitted to it for adjudication.’ ” Fells Point Cafe, 344 Md. at 128, 685 A.2d at 775 (quoting Davis, 335 Md.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pasadena Crossroads v. Fitness Intl.
Court of Special Appeals of Maryland, 2023
Parikh v. Frosh
D. Maryland, 2023
Plank v. Cherneski
231 A.3d 436 (Court of Appeals of Maryland, 2020)
Pettiford v. Next Gen. Trust Serv.
226 A.3d 15 (Court of Appeals of Maryland, 2020)
Credible Behavioral Health v. Johnson
466 Md. 380 (Court of Appeals of Maryland, 2019)
Bainbridge St. Elmo v. White Flint
Court of Appeals of Maryland, 2017
Young Electrical Contractors, Inc. v. Dustin Construction, Inc.
151 A.3d 32 (Court of Special Appeals of Maryland, 2016)
Jarallah v. Thompson
123 F. Supp. 3d 719 (D. Maryland, 2015)
Hiob v. Progressive American Insurance
103 A.3d 596 (Court of Appeals of Maryland, 2014)
Kent Island, LLC v. DiNapoli
61 A.3d 21 (Court of Appeals of Maryland, 2013)
Horlick v. Capital Women's Care, LLC
842 F. Supp. 2d 825 (D. Maryland, 2011)
Rock v. McHugh
819 F. Supp. 2d 456 (D. Maryland, 2011)
Weichert Co. of Maryland, Inc. v. Faust
989 A.2d 1227 (Court of Special Appeals of Maryland, 2010)
Malarkey v. State
981 A.2d 675 (Court of Special Appeals of Maryland, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
740 A.2d 1004, 356 Md. 513, 1999 Md. LEXIS 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-hubbard-md-1999.