Final Judgment: Moore v. CVS
The Baltimore Medical Malpractice Lawyer Blog includes Maryland personal injury cases that involve issues also found in medical malpractice cases. In this post, I delve into a case that underscores the crucial final judgment rule to appeal a case when the court has not resolved all claims against all parties. The case is the February 6, 2025, unreported opinion by the Appellate Court of Maryland in Moore v. CVS Pharmacy, Inc., et al., No. 2339, a case that provides significant guidance in Maryland.
Factual Background
The plaintiff was exiting a pharmacy in Salisbury when the driver of a car, attempting to park her car in a spot in front of the store, crashed through the store’s front doors and hit the plaintiff. The plaintiff then sued the driver and three corporate defendants in the Circuit Court for Baltimore City, alleging that they owned and operated the Salisbury pharmacy store. The corporate defendants allegedly also failed to put protective devices in front of the store to prevent cars from crashing into the entrance doors. (Op. at 1-2). On the defense motion, the circuit court then transferred the case to the Circuit Court for Wicomico County. (Id. at 2).
The corporate defendants filed motions for summary judgment. (Id. at 4-5). The plaintiff dismissed the owner of the shopping center. The circuit court granted the motions of the other corporate defendants. (Id. at 5-6).
The plaintiff filed a motion for reconsideration, or in the alternative, that the court re-issue the order with language directing entry of final judgment as to those defendants under Rule 2-602(b). (Id. at 6). The circuit court denied the motion. The plaintiff appealed and then dismissed without prejudice the driver. The corporate defendant’s cross-claims against the driver remained. (Id. at 7).
Appellate Court of Maryland on the Final Judgment Rule
On appeal, both sides argued the merits of granting summary judgment. However, neither addressed the issue of whether the court has appellate jurisdiction. It’s important to note that the Appellate Court is entitled to raise such procedural issues on its own, ensuring that legal procedures are followed. In this case, the court did just that and concluded that appellate jurisdiction was improper.
The right of appeal to the Appellate Court requires a final judgment. CJP 12-301. An order adjudicating fewer than all the claims in an action is not a final judgment. Rule 2-602(a)(1).
The summary judgment order did not dispose of the plaintiff’s claim against the driver. Accordingly, it was not a final judgment. Nor did it dispose of the corporations’ cross-claims against the driver. Even though the corporations no longer needed the cross-claims because the court found the corporations not liable, the claims still existed and had to be dealt with. (Op. at 9-10).
Exception
The Appellate Court noted limited exceptions to the final judgment rule. The only applicable one was Rule 2-602(b). It states that if the court expressly determines in a written order that there is no just reason for the delay, it may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties. This entry allows for an immediate appeal. Under Rule 8-602(g)(1)(C), the Appellate Court can also enter final judgment on its initiative in the same circumstances. (Id. at 11).
The trial court did not address the plaintiff’s request for Rule 2-602(b) certification beyond stating that it denied the motion for reconsideration. (Id. at 12). The Appellate Court cannot enter final judgment on its own if the circuit court was asked to certify final judgment and declined. (Id. at 18). The Appellate Court found that the record in this case was unclear as to whether the circuit court expressly refused to certify the final judgment or overlooked the opportunity to do so. (Id at 18-19).
The Appellate Court remanded the case for assessment of entry of final judgment. This means that the circuit court is to use the current facts, not the ones that existed at the time of the initial presentation of the issue. Accordingly, the remand allows the plaintiff to resolve the final judgment issue or prompt the court to resolve the cross-claims, moving the case forward.
Commentary by Baltimore Medical Malpractice Lawyer Mark Kopec on the Final Judgment Rule
This situation was challenging for the plaintiff. They were aware of the final judgment rule. They asked the trial court to certify final judgment as part of a motion for reconsideration. However, the trial court denied the motion for reconsideration without commenting on the request for final judgment. The plaintiff incorrectly concluded that dismissing the driver would resolve the final judgment issue. Both sides believe this, as they filed appellate briefs on the merits without mentioning the final judgment rule issue.
A very subtle legal issue further complicated this case. The Appellate Court could certify final judgment unless the circuit court declined to do so. The circuit court’s action was sufficiently vague for the appellate court to decline to certify the final judgment.
The plaintiff filed this case in September of 2022 in the Circuit Court for Baltimore City. In March of 2023, the Circuit Court for Baltimore City transferred the case to the Circuit Court for Wicomico County, where the incident occurred. In February 2024, the circuit court denied the plaintiff’s motion for reconsideration. Now, in February of 2025, the case is remanded.
That’s about 2 ½ years of litigation and not much progress for the plaintiff. However, this is not the end. Hopefully, upon remand, the plaintiff can either successfully make a case for certification of final judgment or prompt the court to resolve the cross-claims, paving the way for a more favorable outcome.
Mark Kopec is a top-rated Baltimore medical malpractice lawyer. Contact us at 800-604-0704 to speak directly with Attorney Kopec in a free consultation. The Kopec Law Firm is in Baltimore and helps clients throughout Maryland and Washington, D.C. Thank you for reading the Baltimore Medical Malpractice Lawyer Blog.