Sherrie Smith v. Tammy Martz

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 8, 2023
• Docket: 22-2153
• Status: Unpublished

Opinion

USCA4 Appeal: 22-2153 Doc: 27 Filed: 06/08/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-2153

SHERRIE LYNN SMITH,

Plaintiff - Appellant,

v.

TAMMY SUE MARTZ, f/k/a Tammy Sue Keyser,

Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Senior District Judge. (1:21-cv-03072-CCB)

Submitted: April 28, 2023 Decided: June 8, 2023

Before KING, WYNN, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Richard E. Schimel, LAW OFFICES OF RICHARD E SCHIMEL, LLC, Bethesda, Maryland, for Appellant. John M. Quinn, ETHRIDGE, QUINN, KEMP, ROWAN & HARTINGER, Rockville, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-2153 Doc: 27 Filed: 06/08/2023 Pg: 2 of 2

PER CURIAM:

Peggy Sue Keyser died—and her estate was closed—in 2015. More than six years

later, Sherrie Lynn Smith filed this suit accusing Tammy Sue Martz of fraud and breach of

fiduciary duty in Martz’s handling of Keyser’s estate. The district court granted summary

judgment for Martz, holding Smith’s claims were barred by the applicable statute of

limitations. Reviewing that judgment de novo, see Warfaa v. Ali, 1 F.4th 289, 293–94 (4th

Cir. 2021), we affirm. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before this court and argument would

not aid the decisional process.

AFFIRMED