Depositions
697-01396 Baltimore and Charles Associates, LLC, et al. v. J.F. Johnson Lumber Company, LLC, et al.
Robert L. Ferguson, Jr. Michael K. Hourigan George P. Currey (410) 837-2200 Contract Law
Te Honorable Evelyn Omega Cannon Circuit Court for Baltimore City
Te trial court granted a mechanic’s lien for the amount
ultimately awarded in response to a claim for breach of contract. Te question on appeal is whether this lien is valid since the purported contract supporting J.F. Johnson Lumber Company LLC’s claim for damages may not satisfy the statute of frauds and there may be inadequate evidence of the value of goods and materials supplied to Baltimore and Charles Associates, LLC.
698-01035 Sharon Murphy v.
Council of Unit Owners of Kendall Overlook Condominium II, Inc., et al.
Stephen S. Winegrad (410) 581-0600 Property Law
Te Honorable Louis A. Becker Circuit Court for Howard County
Sharon Murphy, M.D., a licensed psychiatrist, lives and sees patients in her condominium unit. Both the condominium’s and the Master Association’s governing documents explicitly permit no-impact home-based businesses and provide that in the event of a conflict between the governing documents, the Master Association’s documents control. Appellant, Dr. Murphy, alleges the condominium attempted to amend its governing documents to prohibit all home-based businesses, and then assessed fines and attorney’s fees against her for continuing to operate her practice in violation of the amendment.
Despite ultimately
finding in Dr. Murphy’s favor, the court still awarded fines and attorney’s fees to the condominium and placed restrictions on her use of her unit as an office. Dr. Murphy appeals this decision. Te condominium timely cross-appealed.
698-01035 Larry A. Nichols, Sr., et ux. v.
Dennis D. Trice, et ux.
J. Donald Briden (410) 643-4000 Civil Procedure
Te Honorable Sause Circuit Court for Caroline County
Te Appellees commenced this action by filing a Complaint
to Quiet Title and for Declaratory and Injunctive Relief. Te primary objective of the litigation was to formally establish the legal existence, location, and width of several prescriptive easements involving the Appellee’s farm and two adjoining farms. Te owners of the adjoining farms appeal from a trial court award in favor of the Appellees relating to charges by the Appellees’ surveyor and attorney. Te questions on appeal are: (1) did the Appellants defend themselves at trial in bad faith or without substantial justification; and (2) in the event an award was warranted, was the calculation made extra judicially and was the Court arbitrary in making the calculation?
699-1036 Charles T. Mangum v.
Krishan K. Singal
John R. Greiber, Jr. (410) 269-6620 Torts/Sanctions
Te Honorable Paul G. Goetzke Circuit Court for Anne Arundel County
Mr. Mangum, Appellant, filed a complaint with the
Maryland Department of Health and Mental Hygiene Board of Physicians because his then cardiologist, Appellee, refused to release his medical records to a second cardiologist consulted by Mr. Mangum. Te Appellee alleged the Mr. Mangum engaged in defamation as a result of the complaint. Mr. Mangum countered with an abuse of process claim. Ultimately, the Court found that Mr. Mangum’s complaint for abuse of process was not filed in bad faith, but that it lacked substantial
justification. Accordingly the Court
assessed attorney’s fees against the Appellant’s counsel. Te issue on appeal is the appropriateness of this award.
Trial Reporter / Winter 2011 59
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