Dean v. Dean, 218 Md. 391

Summary

The Maryland Court of Appeals affirmed summary judgment dismissing an alleged wife's claim for alimony and child support. The court held that a Kentucky judgment expunging the purported marriage certificate was entitled to full faith and credit and was res judicata as to whether the alleged marriage had occurred, despite constructive rather than personal service.

Holdings

1. The Kentucky judgment was entitled to full faith and credit because the Kentucky court had jurisdiction over the in rem proceeding concerning the authenticity of a public record, and notice reasonably calculated to provide knowledge of the action and an opportunity to be heard was sufficient.
2. The Kentucky judgment was res judicata not only as to the validity of the marriage certificate but also as to the factum of the alleged marriage as certified in that document.
3. The appellant could not rely on the alleged religious ceremony or a common-law-marriage theory because the judicial finding that no marriage occurred was conclusive, and neither Maryland nor Kentucky recognized a common-law marriage claimed to have been entered into within its borders.
4. Summary judgment and dismissal with prejudice were proper because there was no genuine dispute as to any material fact and the Kentucky judgment conclusively resolved the appellant's marital-status claim.

Questions Presented

1. Whether the Kentucky judgment expunging the purported marriage certificate was entitled to full faith and credit in Maryland despite the appellant's lack of personal service.
2. Whether the Kentucky judgment was res judicata as to the fact that the alleged marriage had occurred, even though the Kentucky proceeding was styled as an action to correct or expunge a record rather than an action to annul a marriage.
3. Whether summary judgment was proper where the appellant offered no counter-affidavits or exhibits creating a genuine dispute as to the material facts.

Disposition

affirmed