Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC

987 A.2d 48, 412 Md. 308, 2010 Md. LEXIS 6
CourtCourt of Appeals of Maryland
DecidedJanuary 13, 2010
Docket39, September Term, 2009
StatusPublished
Cited by19 cases

This text of 987 A.2d 48 (Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC) 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
Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC, 987 A.2d 48, 412 Md. 308, 2010 Md. LEXIS 6 (Md. 2010).

Opinion

HARRELL, Judge.

Curtis O. Rosemann (“Mr. Rosemann” or the “Judgment Creditor”), the custodial parent of two minor children, filed writs of garnishment in the Circuit Court for Howard County seeking to execute on two judgments against his former wife, Rosalind Rosemann (“Ms. Rosemann” or the “Judgment Debt- or”), for unpaid child support obligations. The writs sought to garnish funds that a law firm held for the benefit of Ms. Rosemann in connection with the settlement of a civil claim against a third party for alleged personal injuries she suffered. The Circuit Court held that the money was exempt because it was compensation for a personal injury, and therefore protected by § 11—504(b)(2) of the Courts and Judicial Proceedings *312 Article, McLCode' (1974, 2006 Repl. Vol. & Supp.2009), a statute providing that certain property is exempt from execution on a judgment. 1 On appeal, the Court of Special Appeals affirmed. We granted Mr. Rosemann’s petition for a writ of certiorari to consider whether money received as part of a settlement in a personal injury case is exempt from execution on a judgment for child support arrearages. 408 Md. 487, 970 A.2d 892 (2009). We shall affirm the judgment of the intermediate appellate court and, for the reasons set forth below, hold that apparently the Legislature intended for the funds to be exempt from execution on a judgment, even one representing child support arrearages.

I. FACTS

The Rosemanns were married on 16 February 1985. The marriage yielded two children. On 16 February 1995, the Circuit Court for Howard County granted the Rosemanns an absolute divorce. At that time the court made no provision for child support. On 4 June 1999, the court ordered Ms. Rosemann to pay child support to Mr. Rosemann in the amount of $554.92 per month. On Ms. Rosemann’s appeal, the Court of Special Appeals directed entry of a revised amount of $533.61 per month.

Over the ensuing years, Ms. Rosemann did not pay the child support as ordered. As a consequence, Mr. Rosemann obtained two judgments against his ex-wife for the child support arrearages—one in the amount of $3,851.70, plus interest, entered in 2001 by the Circuit Court and one in the amount of *313 $30,709.38, plus interest, entered by the Superior Court of Maricopa County, Arizona, 2 and enrolled in the Circuit Court.

On 6 May 2005, Ms. Rosemann was injured while a passenger on board an America West (“the airline”) flight. She hired Salsbury, Clements, Bekman, Marder & Adkins, LLC (the “law firm”) of Baltimore City to represent her regarding her personal injury claim against America West. The law firm filed suit on her behalf against the airline in the U.S. District Court for the District of Maryland. 3 The airline and Ms. Rosemann reached a settlement in the amount of $30,000.00. The check representing the settlement proceeds was made payable to Rosalind Rosemann and the law firm as her attorney.

Discovering this, Mr. Rosemann filed in the Circuit Court two writs of garnishment against Ms. Rosemann and the law firm, in whose trust account the latter kept Ms. Rosemann’s share of the settlement proceeds. The first writ sought to execute on the enrolled Arizona judgment. The second writ sought to execute on the judgment entered originally by the Circuit Court. The law firm filed answers claiming that the “funds are exempt from execution on a judgment pursuant to Section 11—504(b)(2) of the Courts and Judicial Proceedings Article.... ” The trial court consolidated the garnishment proceedings. Cross-motions for summary judgment ensued. After a hearing, the trial court granted the law firm’s motion for summary judgment and entered judgment in its favor. 4 Mr. Rosemann filed a timely appeal to the Court of Special *314 Appeals, which affirmed in an unreported opinion. Mr. Rosemann filed a petition for a writ of certiorari, which we granted, 408 Md. 487, 970 A.2d 892 (2009), to consider the following question:

Did the trial court err in granting the garnishee’s motion for summary judgment and denying the judgment creditor’s motion for summary judgment on the ground that Courts Article, Section ll-504(b)(2) provides an exemption from execution for money payable in the event of sickness, accident or injury, even though Maryland and federal public policy favor excepting a judgment for child support from the exemption statutes?

II. STANDARD OF REVIEW

The facts are agreed to by the parties. We are asked to interpret a statute, a purely legal question. Harvey v. Marshall, 389 Md. 243, 257, 884 A.2d 1171, 1179 (2005) (citing Mohan v. Norris, 386 Md. 63, 66-67, 871 A.2d 575, 577 (2005)); see also Pub. Service Comm’n v. Wilson, 389 Md. 27, 45, 882 A.2d 849, 860 (2005); Reichs Ford Rd. Joint Venture v. State Roads Comm’n of the State Highway Admin., 388 Md. 500, 516, 880 A.2d 307, 316 (2005); Davis v. Slater, 383 Md. 599, 604, 861 A.2d 78, 80-81 (2004). Therefore, our review is non-deferential to the judgments of the intermediate appellate court and the trial court. Harvey, 389 Md. at 257, 884 A.2d at 1179 (citing Mohan, at 66-67, 871 A.2d at 577); Wilson, 389 Md. at 45, 882 A.2d at 860; Reichs Ford Rd. Joint Venture, 388 Md. at 516, 880 A.2d at 316.

III. THE RELEVANT PRINCIPLES OF STATUTORY CONSTRUCTION

“ ‘The cardinal rule of statutory interpretation is to ascertain and effectuate the intent of the Legislature.’ ” Lonaconing Trap Club, Inc. v. Md. Dept. of the Env’t, 410 Md. 326, 338, 978 A.2d 702, 709 (2009) (quoting Bd. of Educ. v. Zimmer-Rubert, 409 Md. 200, 212, 973 A.2d 233, 241 (2009)). “ ‘Statutory construction begins with the plain language of the *315 statute, and ordinary, popular understanding of the English language.’ ” United States v. Ambrose, 403 Md. 425, 438, 942 A.2d 755, 763 (2008) (quoting Kushell v. Dep’t of Natural Res., 385 Md. 563, 576-77, 870 A.2d 186, 193-94 (2005)). “ ‘[W]e neither add nor delete language so as to reflect an intent not evidenced in the plain language of the statute; nor [do we] construe the statute with forced or subtle interpretations that limit or extend its application.’ ”

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Bluebook (online)
987 A.2d 48, 412 Md. 308, 2010 Md. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosemann-v-salsbury-clements-bekman-marder-adkins-llc-md-2010.