ESTIME v. King
196 Md. App. 296
| Md. Ct. Spec. App. | 2010Background
- City of Baltimore acquired Tax Sale Certificate No. 208703 for 2344 McCulloh Street in a May 2007 tax sale; title held by Fairfax F. King and Daisy B. King.
- April 1, 2008, City assigned its interest in the certificate to Lunique Estime.
- May 23, 2008 Estime filed a complaint to foreclose all rights of redemption; address on file: 10169 New Hampshire Ave, Silver Spring.
- May 27, 2008 court published order; clerk filed notice to interested parties; notice published in The Daily Record May–June 2008.
- August 19, 2008 Estime submitted proposed judgment and notices; change-of-address line claimed as 4601 Presidents Drive, Lanham, but not filed until January 22, 2009; certificate of compliance listed the Lanham address.
- October 23, 2008 circuit court dismissed the complaint without prejudice; January 22, 2009 Estime moved to reinstate; court denied February 26, 2009; reconsideration denied May 7, 2009; appeal timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court abused its discretion denying reinstate due to address notice and irregularity. | Estime argues address change timely and clerk irregularity. | King argues change not timely; no irregularity. | Reversed and remanded for further proceedings. |
Key Cases Cited
- Gruss v. Gruss, 123 Md. App. 311 (Md.App. 1998) (notice in certificate of compliance suffices to trigger clerk mailings)
- J.T. Masonry Co. v. Oxford Constr. Services, Inc., 74 Md. App. 598 (Md.App. 1988) (irregularity and service rules mandate mailing to most recent address)
- Mutual Benefit Soc'y of Baltimore, Inc. v. Haywood, 257 Md. 538 (Md. 1970) (dismissal without notice constitutes irregularity under Rule 2-535(b))
- Waller v. MNB, 332 Md. 375 (Md. 1993) (docket entries presumptively correct and dispositive absent transcript conflict)
- Lawson v. State, 187 Md. App. 101 (Md.App. 2009) (docket entries control finality date absent transcript error)
- Shade v. State, 18 Md. App. 407 (Md.App. 1973) (docket entries establish filing timing and finality)
- Kraft v. Sussex Constr. Corp., 35 Md. App. 309 (Md.App. 1977) (enrolled judgment revision principles cited in context)