discovery order the trial court was with- out power to pass because it was approved after an appeal had been taken to the Court of Appeals.119
On another occa-
sion, the rule was applied to permit an appeal from an order in a medical mal- practice action denying a challenge to the circuit court’s jurisdiction on the ground that it was without authority to proceed because the plaintiff had failed to first file the claim with the Health Claims Arbi- tration Office.120
The “exceeding
jurisdiction” line of authority, however, preceded the adoption by the Court of Appeals of the collateral order doctrine.121
VI. CONCLUSION Misapprehension of the appellate scheme has caused unfortunate results ranging from the colorful insult (compar- ing an appeal to the “futile” endeavor of “shoveling smoke”),122
sanctions under Rule 1-341.123
to dismissal, to President
Woodrow Wilson once said, “One cool judgment is worth a thousand hasty coun- sels. The thing to be supplied is light, not heat.”124
It is hoped that this article has shed some light on the often smoky ques- tion of the appealability of the rulings of the circuit court.
119
Eastern States, supra, 181 Md. at 535-36. Cf. Montgomery, supra, 235 Md. at 50-51 (“ex- ceeding jurisdiction” exception did not ap- ply to discovery order court had power to pass).
120 121
Schwartz v. Lilly, 53 Md. App. 318, 324-25 (1982).
The time for appeal of an interlocutory or- der immediately appealable under Section 12- 303 or under common law doctrine begins to run, as in the case of final judgments, on the date of judgment entered by the clerk in accordance with Rule 2-601. Any appeal taken from an immediately appealable inter- locutory order in advance of the recording of the order on the docket will be subject to dis- missal for prematurity.
122 Lang, supra, 267 Md. at 272. 123
Blanton, supra, 61 Md. App. at 159 (attempt to appeal from an order that was clearly in- terlocutory merited sanctions).
124
The Papers of Woodrow Wilson, Vol. 36, at 33 (ed. A.R. Link 1981)(in a speech on pre- paredness).
Summer 2000
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