Len Stoler, Inc. v. Wisner
115 A.3d 720
Md. Ct. Spec. App.2015Background
- creditor Wisner challenged Len Stoler, Inc. (LSI) for retaining two fees: electronic titling fee and an excise tax allowance, under CLEC; CLEC generally prohibits retained fees for consumer loans; Transportation Article permits electronic titling and keeps a $20 cap on the fee; excise tax is 6% of vehicle price with a $24 or 0.6% tax allowance; circuit court granted partial summary judgment for Wisner on the two fees and certified final judgment under Rule 2-602; court allowed appeal before class certification ruling; this Court reverses and remands on the excise tax allowance issue touchstone
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CLEC prohibits retention of electronic titling fee | Wisner; Len Stoler retained fees violates CLEC | LSI contends Transportation Article permits retention and CLEC allows financing | CLEC prohibits retention; fees may be retained only as exceptions explained |
| Whether Wisner has standing to challenge the excise tax allowance | Wisner has standing due to CLEC penalties and injury from retention | Wisner lacks injury since tax was collected anyway | Wisner has standing; standing supports challenge to tax allowance |
| Whether the excise tax allowance is outside CLEC scope and may be retained | CLEC governs fees; tax allowance is not a fee | Tax allowance is a permissible State construct not governed by CLEC | Tax allowance not governed by CLEC; remand for summary judgment in LSI's favor on this point |
Key Cases Cited
- Biggus v. Ford Motor Credit Co., 328 Md. 188 (1992) (context on when CLEC applies and legislative history analyzed)
- Roberson v. Ford Motor Co., 420 Md. 649 (2011) (legislative history clarifies exclusivity when CLEC election occurs)
- Shofer v. Stuart Hack Co., 107 Md. App. 585 (1996) (final judgment certification standards and no just cause for delay factors)
- Salvagno v. Frew, 388 Md. 605 (2005) (final judgment rule exceptions to deny immediate appeal)
- Tyrone W. v. Danielle R., 129 Md. App. 260 (1999) (no just cause for delay factors in 2-602(b) analysis)
- Planning Bd. v. Mortimer, 310 Md. 639 (1987) (equity of final judgments and extraordinary circumstances)
- Lane Constr. Corp. v. Comptroller, 228 Md. 90 (1962) (principle of statutory construction in revenue matters)
- Carl Messenger Serv., Inc. v. Jones, 72 Md. App. 1 (1987) (certification of final judgments limited to truly dispositive orders)