Hiob v. Progressive Am. Ins. Co.

Several plaintiffs (Plaintiffs) asserted claims against one defendant, and one plaintiff asserted a claim against a second defendant. The circuit court awarded summary judgment for the first defendant against all Plaintiffs, but the decision did not resolve the claim against the co-defendant. Over one year later, the claim as to the co-defendant was voluntarily dismissed by way of a stipulation of dismissal. Plaintiffs subsequently sought to appeal the adverse summary judgment ruling. At issue in this case was whether the stipulation of dismissal satisfied the separate document requirement of Maryland Rule 2-601. Under that rule, the date on which the separate document is docketed triggers the thirty-day deadline for filing a notice of appeal under Maryland Rule 8-202(a). The court of special appeals concluded that the appeal was untimely. The Court of Appeals reversed, holding (1) the stipulation of dismissal did satisfy the requirements of Rule 2-601 for a separate document and therefore did not trigger the thirty-day clock for filing a notice of appeal as to the summary judgment ruling; and (2) Plaintiffs’ notice of appeal was timely under Rule 8-602(d). View "Hiob v. Progressive Am. Ins. Co." on Justia Law