Brown & Williamson Tobacco Corp. v. Gress, 378 Md. 667

Summary

The Maryland Court of Appeals considered whether an appellate court may enter a final judgment under Maryland Rule 8-602(e)(1)(C) after the trial court expressly declined to certify an otherwise nonfinal order under Rule 2-602(b). The court held that, when the trial court was asked to certify the order, declined to do so, and that decision was not appealed, the appellate court lacks authority to enter final judgment on its own initiative. The judgment of the Court of Special Appeals was reversed, and the case was remanded with instructions to dismiss the appeals.

Holdings

1. When a trial court has been invited to direct entry of a final judgment, has discretion to do so, and expressly declines to do so, Rule 8-602(e)(1)(C) does not authorize an appellate court to enter final judgment on its own initiative when the merits of the trial court's refusal were not appealed.
2. Maryland Rules of Procedure are interpreted using the same canons and principles used to interpret statutes, beginning with the rule's text and considering the entire rule and a reasonable construction.

Questions Presented

1. Whether an appellate court may enter a final judgment on its own initiative under Maryland Rule 8-602(e)(1)(C) when the trial court had discretion to certify a partial judgment under Rule 2-602(b) but expressly declined to do so.
2. Whether Wilde v. Swanson authorized the Court of Special Appeals to enter final judgments despite the circuit court's discretionary refusal to certify the orders.

Disposition

reversed_and_remanded