Rollins v. Capital Plaza Associates, LP

955 A.2d 869, 181 Md. App. 199
Court of Special Appeals of Maryland·Decided September 4, 2008·No. 2011, September Term, 2006·Published·Cited by 1 cases

Opinion

955 A.2d 869 (2008)
181 Md. App. 199

Deborah ROLLINS, et al.
v.
CAPITAL PLAZA ASSOCIATES, L.P.

No. 2011, September Term, 2006.

Court of Special Appeals of Maryland.

September 4, 2008.

*871 Bruce A. Johnson, Bowie (Paul W. Gardner, II, on brief), Baltimore, for appellant.

Lawrence R. Holzman (Timothy F. Maloney, Joseph, Greenwald & Laake, P.A., on brief), Greenbelt, for appellee.

Panel: WOODWARD,[*] SALLY D. ADKINS and[**] J. FREDERICK SHARER (Retired, Specially Assigned), JJ.

WOODWARD, J.

The instant case involves a landlord-tenant dispute between Capital Plaza Associates, L.P. ("Capital Plaza") and Dr. Deborah Rollins ("Dr. Rollins") pertaining to a commercial lease agreement for Dr. Rollins' medical office.[1] Appellant, Dr. Rollins,[2] appeals a judgment of the Circuit Court for Prince George's County in favor of appellee, Capital Plaza, in the amount of $95,000.

As stated in her brief, Dr. Rollins presents the following issues on appeal:

I. Whether the court below erred in its reliance upon the doctrine of res judicata by not allowing any testimony from [Dr. Rollins] regarding evidence of fraud and misrepresentation.
*872 II. Whether the court below erred in concluding that [Dr. Rollins] knowingly agreed to give up her right to a trial by jury.
III. Whether the court below erred in not extending the discovery time period.
IV. Various miscellaneous questions presented:
A. The eviction of Dr. Rollins constitutes a retaliatory eviction prohibited under the laws of real property of Maryland and Prince George's County.
B. The occupancy and hold over penalty was excessive and outrageous and therefore not enforceable.
C. As a matter of public policy, Capital Plaza's lease and contract with Dr. Rollins is voidable because it was signed under economic duress.
D. As a matter of public policy, this lease and its terms are non-enforceable because Capital Plaza's employees were not licensed professionals at the time of the agreement.
E. The outstanding rent and fees claimed by Capital Plaza are not collectible because of the fraudulent conduct of Capital Plaza and furthermore, the amount is not correct.

Because of Dr. Rollins' many and substantial violations of the appellate rules of procedure, we shall exercise our discretion, sua sponte, pursuant to Maryland Rule 8-602(a)(8), and dismiss this appeal.

BACKGROUND

In light of our decision to dispose of the instant appeal on procedural grounds, we shall set forth only a brief summary of the facts to provide context for our discussion.

On July 31, 2001, Dr. Rollins executed a lease and an addendum to the lease (collectively referred to as the "Lease") for approximately 2,010 feet of space in a shopping center owned by Capital Plaza and located in Prince George's County, Maryland. Pursuant to the Lease, the tenancy had a term of five years, beginning on May 1, 2001 and terminating on April 30, 2006. Dr. Rollins leased the premises to operate her medical practice. The Lease contained the following provision: "Landlord's Termination Right: (a) Landlord shall have the right, at any time, for any reason, to terminate this Lease ... by providing ninety (90) days written notice of such election...." (Emphasis in original). Under the Lease, Dr. Rollins had a reciprocal termination right on the same terms and conditions. Additionally, the Lease provided that, if Dr. Rollins did not timely vacate, Dr. Rollins agreed to pay "an occupancy fee" of $1,000 per day, commencing on the day after the termination date and continuing thereafter for each day that she failed to tender possession of the premises to Capital Plaza.

On October 28, 2004, Capital Plaza exercised its right to terminate by giving Dr. Rollins notice of termination of the Lease effective January 27, 2005. Dr. Rollins did not vacate the premises by January 27, 2005. Shortly thereafter, Capital Plaza filed a complaint in the District Court of Maryland for Prince George's County seeking to recover possession of the premises. At a hearing on March 14, 2005, counsel for Capital Plaza informed the court that it had reached an agreement with Dr. Rollins, whereby a judgment for possession would be entered, but the warrant of restitution would not to be executed until after April 5, 2005, if Dr. Rollins did not vacate by that date. Dr. Rollins ultimately vacated on April 5, 2005.

On June 20, 2005, Capital Plaza filed the instant case against Dr. Rollins in the Circuit Court for Prince George's County, *873 alleging breach of contract. Capital Plaza sought to recover $5,199.91 "for unpaid rent ... for the period to December 31, 2004, and $1,772.42, as prorated rent, for the period of January 1, 2005, through the New Termination Date [, January 27, 2005]." In addition to back rent, Capital Plaza sought Occupancy Fees in the amount of $68,000 "accrued for the period from the New Termination Date through April 5, 2005." In total, Capital Plaza alleged damages in the amount of $73,119.98, "representing all Back Rent and Occupancy Fees, including all credits and adjustments."[3]

On August 10, 2005, Dr. Rollins filed an answer, counterclaim, and a jury demand. Dr. Rollins' counterclaim was ultimately dismissed on February 23, 2006. In response to Dr. Rollins' jury demand, Capital Plaza filed a Motion to Strike the Jury Demand[4] on March 9, 2006, which the court granted on May 24, 2006.

A bench trial was held on September 27, 2006. At the conclusion of the trial, the court entered judgment in favor of Capital Plaza in the amount of $95,000.[5] The court stated:

Despite the efforts, frankly, of all sides to expand this beyond what I view it as. This is a fairly simple and straightforward action. A breach of a contract, a breach of a lease and damages flowing therefrom.
It was clear that the parties entered into a lease agreement on July 31, 2001 which contained an addendum and it is admitted as [Capital Plaza's] Exhibit 15. It did provide for a lease term of five years commencing May 1, 2001 and terminating April 30, 2006 subject to the landlord['s] termination right which are set forth in Paragraph 9 of the addendum [to the Lease]. The addendum did provide that the landlord shall have the right at any time for any reason to terminate the lease by providing 90 days written notice of that election by certified mail to the tenant. The — such notice was given and it is contained as [Capital Plaza's] Exhibit 26. Providing for a termination of — on January 27, 2005. And it further provided that in the event there was an early termination there was to be a termination payment according to a schedule and pursuant to that schedule January of 2005, the termination payment of $1,000.00 was proffered. Despite that [Dr. Rollins] did not vacate, but remained on the premises and thus became a tenant holding over.
The [L]ease further provided in the event of the termination of the [L]ease that the — and if the tenant does not timely vacate, the tenant agrees to pay the landlord an occupancy fee of $1,000.00 per day payable weekly in arrears in lieu of the fixed minimum rent for the demise premises. And that's something that she's entitled to.

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Rollins v. Capital Plaza Associates, LP, 955 A.2d 869, 181 Md. App. 199 (Md. Ct. App. 2008).

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