Metro Maintenance Systems South, Inc. v. Milburn
112 A.3d 429
| Md. | 2015Background
- Milburn sought judicial review of DLLR Board of Appeals' unemployment decision denying benefits.
- Board remanded the case to itself to reconsider before circuit court review, with Milburn's consent.
- Circuit Court granted the remand instead of ruling on the merits.
- Metro Maintenance appealed the remand order as final and appealable, Court of Special Appeals dismissed as premature.
- Maryland Court of Appeals held that a remand issued before judicial review is not a final, appealable judgment.
- Remand will not terminate circuit court proceedings; judicial review resumes after agency reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a pre-review remand to the agency a final judgment? | Remand terminates circuit court proceedings and is appealable. | Remand is non-final and not appealable before merits review. | No; pre-review remand is not a final judgment. |
Key Cases Cited
- Allen v. Glenn L. Martin Co., 188 Md. 290 (1947) (remand to agency can be a final judgment terminating circuit court proceedings)
- Remson v. Criminal Injuries Compensation Board, 282 Md. 168 (1978) (remand to reconsider under court's view of law can be final)
- LeVan v. Department of Public Safety, 288 Md. 533 (1980) (remand to recompute disability award final when court determines law or evidence issues)
- Schultz v. Pritts, 291 Md. 1 (1981) (remand for new hearing; agency reopen; finality depends on judicial assessment)
- Brown v. Baer, 291 Md. 377 (1981) (remand to allow additional evidence; final judgment issue discussed)
- Moore v. Pomory, 329 Md. 428 (1993) (dismissal with leave to amend not final; ongoing proceedings may occur)
- Hickory Hills Limited Partnership v. Secretary of State, 84 Md. App. 677 (1990) (pre-review remand vs post-review remand distinguished; finality depends on court proceedings)
- Rode v. Anne Arundel County, 214 Md. App. 702 (2013) (pre-review remand not final; pending merits review)
- Eastern Stainless Steel v. Nicholson, 306 Md. 492 (1986) (remand prior to review contemplated ongoing circuit court proceedings)
- Brewster v. Woodhaven Bldg. & Dev., Inc., 360 Md. 602 (2000) (final judgment rule aims to avoid piecemeal appeals)