No Final Judgment: Bryson v. Wells
The Baltimore Medical Malpractice Lawyer Blog delves into Maryland appellate opinions in personal injury cases that also raise issues in medical malpractice cases. In this Post, I dissect the crucial final judgment rule and its profound effect on a party’s attempt to appeal a case. The case in question is the Appellate Court of Maryland’s October 21, 2025, unreported opinion in Bryson Enterprises, Inc. v. Wells, No. 687.
Factual Background
The case involved personal injury and other claims relating to the repossession of the plaintiff’s riding lawn mower. The plaintiff brought suit in the Circuit Court for Prince George’s County against two individual and two corporate defendants. The complaint asserted seven counts: negligence (Count 1); assault and battery (Count 2); false arrest (Count 3); false imprisonment (Count 4); intentional infliction of emotional distress (Count 5); unfair debt collection activity, under the Maryland Debt Collection Act, Commercial Law § 14-202 (Count 6); and unfair or deceptive trade practices, under the Maryland Consumer Protection Act, CL § 13-303 (Count 7). (Op. at 1).
The defendants moved for summary judgment. The court granted the motions as to counts 6 and 7. However, the docket showed partial summary judgment for only three of the defendants. (Id.).
The circuit court held a bench trial and granted a directed verdict on counts 3 and 5. The circuit court ruled in favor of the plaintiff against all defendants on counts 1, 2, and 4. The court then entered a $135,000 judgment. All parties appealed. (Id. at 2).
Appellate Court of Maryland
The Appellate Court noted that it has jurisdiction over an appeal only when it is from a final judgment or the law otherwise permits it. (Id. at 3).
Maryland Rule 2-602(a) states that a judgment that does not dispose of all claims by and against all parties is not a final judgment. Specifically, it provides:
(a) Generally. Except as provided in section (b) of this Rule, an order or other form of decision, however designated, that adjudicates fewer than all of the claims in an action (whether raised by original claim, counterclaim, crossclaim, or third-party claim), or that adjudicates less than an entire claim, or that adjudicates the rights and liabilities of fewer than all the parties to the action: (1) is not a final judgment;
(2) does not terminate the action as to any of the claims or any of the parties; and
(3) is subject to revision at any time before the entry of a judgment that adjudicates all of the claims by and against all of the parties. (Id. at 4).
The Appellate Court observed that, because the absence of a final judgment may deprive a court of appellate jurisdiction, the Appellate Court can raise the issue of finality on its own. (Id.).
Maryland Rule 8-602(b)(1) provides that the appellate court shall dismiss an appeal if the appeal is not allowed by the rules or other law. There are only three exceptions to the final judgment requirement. Firstly, appeals from interlocutory orders allowed explicitly by statute. Secondly, immediate appeals permitted under Maryland Rule 2-602(b). Thirdly, appeals from interlocutory rulings permitted under the common law collateral order doctrine. (Id. at 5).
No Final Judgment
Here, there is no separate document or docket entry that reflects summary judgment on counts 6 and 7 as to one of the defendants. Additionally, the order of judgment and the docket entries do not reflect a judgment in favor of the defendants on counts 3 and 5. They also do not reflect the entry of judgment with respect to the individual defendants on counts 1, 2, and 4. As a result, there was no final judgment, and no exception applied. (Id. at 5-6).
The Appellate Court dismissed the appeal without prejudice and remanded the case for entry of final judgment. (Id. at 6).
Commentary by Baltimore Medical Malpractice Lawyer Mark Kopec on No Final Judgment
The final judgment rule trips up litigants in appellate cases regularly. It is the circuit court’s responsibility to enter a final judgment on all claims against all of the parties in a case. Separate documents, or the docket, must reflect the final judgment.
Even though it is the circuit court’s responsibility, the parties end up paying for failure to enter a final judgment. They pay in wasted time and attorneys’ fees. They have to return to the circuit court to have the judgment adequately documented. Then the appeal can proceed. This is a situation that can significantly delay the legal process and increase costs.
Given the potential delays and increased costs, any party pursuing an appeal should ensure the circuit court has correctly entered final judgment before seeking the appeal.
You can read other Blog posts on Final Judgment: Moore v. CVS and more generally issues in Appeals.
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.