79 A.3d 995
Md. Ct. Spec. App.2013Background
- On June 2, 2011, Baffoe-Harding (plaintiff) was struck by Kulikov’s (defendant) car in Montgomery County, Maryland; she sued in Prince George’s County on March 27, 2012.
- Kulikov filed a Rule 2-322/2-327 motion (May 3, 2012) asserting improper venue and seeking dismissal or transfer to Montgomery County; he attested he resided and the accident occurred in Montgomery County.
- Baffoe-Harding did not oppose the motion; the trial court denied the motion on June 18, 2012 and denied reconsideration on August 13, 2012.
- Kulikov appealed the denial on August 24, 2012, contending the denial of a Rule 2-327(b) transfer for improper venue is immediately appealable.
- The appellate court considered (1) whether the denial of a Rule 2-327(b) transfer is immediately appealable and (2) if so, whether the trial court erred — but resolved only the first question.
Issues
| Issue | Plaintiff's Argument (Baffoe-Harding) | Defendant's Argument (Kulikov) | Held |
|---|---|---|---|
| Whether denial of a Rule 2-327(b) improper-venue transfer is immediately appealable | Denial is not immediately appealable; existing precedents treat denials as non-final | Denial should be immediately appealable because it deprives defendant of the statutory right to be sued only in his county and forces duplicative litigation | Denied: appeal dismissed for lack of immediate appealability |
| If appealable, whether the trial court erred in denying transfer for improper venue | (No substantive position on appealability) Venue in Prince George’s County was proper per plaintiff | Transfer denied was erroneous; immediate review required to avoid hardship and public cost | Not reached (court dismissed appeal on appealability grounds) |
Key Cases Cited
- Brewster v. Woodhaven Bldg. & Dev., Inc., 759 A.2d 738 (Md. 2000) (grant of transfer is immediately appealable; denial is not because litigation continues in the trial court)
- Payton-Henderson v. Evans, 949 A.2d 654 (Md. Ct. Spec. App. 2008) (for appealability purposes, venue and forum non conveniens transfers treated the same)
- Smith v. Johns Hopkins Cmty. Physicians, Inc., 59 A.3d 1070 (Md. Ct. Spec. App. 2013) (reaffirming that grants of transfer are immediately appealable while denials are not)
- Wilde v. Swanson, 548 A.2d 837 (Md. 1988) (order granting dismissal for improper venue is immediately appealable)