Won Bok Lee v. Won Sun Lee
No. 13, September Term, 2019
IN THE COURT OF APPEALS OF MARYLAND
January 23, 2020
Watts, J.
Circuit Court for Howard County, Case No. 13-C-55-045573. Argued: December 9, 2019.
Won Bok Lee v. Won Sun Lee, No. 13, September Term, 2019
Court of Appeals held that trial court erred in denying motion to vacate renewal of judgment. Request to file notice of lien based on federal judgment, and clerk‘s recording and indexing of federal judgment, created lien against Respondent‘s property, not new judgment.
Barbera, C.J.
McDonald
Watts
Hotten
Getty
Booth
Raker, Irma S. (Senior Judge, Specially Assigned),
JJ.
Opinion by Watts, J.
Filed: January 23, 2020
The main issue in this case is whether an entry of a judgment must satisfy only
In July 2002, in the United States District Court for the District of Maryland, Won Bok Lee (“Petitioner“) obtained a default judgment against his brother, Won Sun Lee (“Respondent“). In May 2004, in the Circuit Court for Howard County, Petitioner submitted a Request to File Notice of Lien based on the federal judgment. On June 1, 2004, the clerk entered the notice on the docket and indicated that judgment had been entered as of that date.1 Over a decade later, in July 2015, Petitioner filed a Request to Renew Judgment, and that same month, the clerk entered “Notice of Renewed Judgment” on the docket. Several months later, in March 2016, Respondent filed a Motion to Vacate Renewal of Judgment and Request for Hearing. On June 2, 2016, the circuit court conducted a hearing and denied the motion. On the same date, the circuit court issued a one-page order to the same effect, which the clerk stamped “Entered” on June 3, 2016. This time, the circuit court clerk entered a docket entry into the circuit court‘s electronic case management system (“ECMS“) and on the case search feature on the Judiciary website. Neither the entry on the circuit court‘s ECMS nor the initial entry on Case Search expressly set forth the date of the entry of the judgment. On July 6, 2016, Respondent noted an appeal. Petitioner moved to strike the notice of appeal as untimely. After a remand by the Court of Special Appeals and the circuit court‘s issuance of a memorandum explaining the sequence of events in this case, the Court of Special Appeals denied a motion to dismiss the appeal, holding that the notice of appeal, although initially premature, had become ripe. Additionally, the Court of Special Appeals reversed the circuit court‘s denial of the motion to vacate, and remanded the case to the circuit court with instruction to vacate the renewal of the judgment.
We affirm the judgment of the Court of Special Appeals and hold that, to constitute an effective judgment under
Applying that holding to the circumstances of this case, we hold that the initial docket entries concerning the denial of the motion to vacate failed to satisfy the requirements of
As to the merits, we hold that the trial court erred in denying the motion to vacate the renewal of the judgment. The request to file a notice of lien based on the federal judgment, and the clerk‘s recording and indexing of the federal judgment, created a lien against Respondent‘s property in Howard County, not a new judgment.
BACKGROUND
Initial Proceedings in Federal and State Court
On July 23, 2002, in the United States District Court for the District of Maryland, Petitioner obtained a default judgment against his brother, Respondent, in the principal amount of $141,059.44, plus attorney‘s fees of $499.50, court costs, and post-judgment interest.2
On May 21, 2004, in the Circuit Court for Howard County, Petitioner submitted a “Request to File Notice of Lien” based on the federal judgment. On June 1, 2004, the clerk made the following two docket entries: “Notice of Lien of Judg[]ment Received From United States District Court” and “Judgment entered on 06/01/04[.]”
Thereafter, the case was dormant for over a decade until July 23, 2015, when Petitioner filed a “Request to Renew Judgment[.]” In the request, Petitioner stated that “[t]he judgment ha[d] not expired (12 years from entry)[,]” and asked that the circuit court “renew the judgment[.]” On July 28, 2015, the clerk made the following docket entry: “Notice of Renewed Judgment[.]”
On March 24, 2016, Respondent filed a “Motion to Vacate Renewal of Judgment and Request for Hearing.” Respondent argued that Petitioner‘s 2004 filing in the circuit court did not create a new judgment; that the date of the entry of the judgment was July 23, 2002; and that the judgment expired twelve years from that date–on July 23, 2014–and could not be renewed after its expiration. Respondent requested that the circuit court vacate the judgment that the clerk had entered on June 1, 2004, and the July 28, 2015 docket entry that stated: “Notice of Renewed Judgment.”
On June 2, 2016, the circuit court conducted a hearing on the motion. After hearing argument from the parties, the
On that same day, the circuit court issued a one-page order, stating in its entirety:
This Court, having considered [Respondent]‘s Motion to Vacate Renewal of Judgment, the Opposition to that Motion filed by [Petitioner], and the arguments of counsel for both parties before this Court on June 2, 2016, hereby ORDERS that [Respondent]‘s Motion is hereby DENIED.
IT IS SO ORDERED.
(Emphasis in original). The order contained the circuit court judge‘s signature, the handwritten date “6/2/16[,]” a stamp from the Clerk‘s Office stating that the Order was “ENTERED” on June 3, 2016, a true copy test certification, and the notation “6000” on the bottom-right corner.
Docket Entry 6000 appears in the circuit court‘s ECMS3 as follows:
In the circuit court‘s ECMS, Docket Entry 6000 states that the date “Filed[,]” as well as the date “Entered[,]” is “03/24/16[,]” and that the date “Closed” is “06/03/16[.]” Docket Entry 6000 also notes the “Jdg” as “WVT” (the circuit court judge‘s initials)4 and notes the “Ruling” as “Denied[.]”
At the relevant time, on the case search feature on the Judiciary website, the same entry appeared as follows:
The entry stated that the “File Date” and “Entered Date” were “03/24/2016” for the document “Motion to Vacate Judgment and Request for Hearing[.]” (Bolding omitted). The entry also stated: “Decision: Denied” and “04/20/16 per [circuit court j]udge []: Set for hearing[ ]Copies mailed[ ]06/03/16 copies mailed[.]” (Bolding omitted).
Notably, Docket Entry 6000 now appears differently than it originally did when viewed through the case search feature on the Judiciary website. The Court of Special Appeals observed that, as of January 11, 2019, Docket Entry 6000 appeared
Motion: . . . Create Date: 03/24/2016 . . . Update Date: 06/03/2016 MMOT - Motion to Vacate Judgment and Request for Hearing 04/20/16 per [circuit court j]udge []: Set for hearing Copies mailed 06/03/16 copies mailed Filed: 03/24/2016 Decision: Denied - 06/03/2016
Won Sun Lee v. Won Bok Lee, 240 Md. App. 47, 56, 201 A.3d 1, 7 (2019). The Case Search entry also included a “File Date” of “03/24/2016” and a “Close Date” of “06/03/2016[.]” Id. at 56, 201 A.3d at 7. The Court of Special Appeals explained that “the change occurred after July 6, 2016[,]” and that the updated Case Search “entry now includes the following information: ‘Decision: Denied - 06/03/2016.‘” Id. at 56, 201 A.3d at 7.
A second entry pertaining to the case, Docket Entry 14000, appears in the circuit court‘s ECMS as follows:
In the circuit court‘s ECMS, Docket Entry 14000 states that the date “Filed” is “06/02/16[,]” that the date “Entered” is “06/06/16[,]” and that the date “Closed” is “03/07/17[.]” Docket Entry 14000 also notes the “Jdg” as “WVT” (the circuit court judge‘s initials).
At the relevant time, Docket Entry 14000 appeared on Case Search on the Judiciary website as:
The docket entry stated: “Hearing o[n] Motion[ ]DEF Motion to Vacate Judgment is denied[ ]PLT to prepare and submit Order[.]” (Bolding omitted). The Case Search entry noted that the “Document Name” was “Open Court Proceeding[,]” with a “File Date” of “06/02/2016” and an “Entered Date” of “06/06/2016[.]” (Bolding omitted).
On July 6, 2016, Respondent noted an appeal. Petitioner moved to strike the notice of appeal as untimely, stating that the June 2, 2016 Order had been entered on June 3, 2016, that a notice of appeal was required to be filed within thirty days, and that the July 6, 2016 notice of appeal was filed late. Respondent filed an opposition to the motion, arguing, among other things, that, although the clerk stamped the June 2, 2016 Order with “Entered” on June 3, 2016, the clerk did not make an entry on the ECMS until June 6, 2016, when the clerk noted that the motion to vacate was denied and stated that the “Entered Date” was “06/06/2016[.]” Thus, according to Respondent, a notice of appeal was due within thirty days of June 6, 2016, “the only date memorializing when the clerk physically made an ECMS entry referring to the Order.” On August 9, 2016, the circuit court granted the motion and struck the notice of appeal. On August 17, 2016, Respondent filed a timely notice of appeal.
Appeal
On August 24, 2017, in an unreported opinion, the Court of Special Appeals determined that the record did not reflect “when (or if) the judgment was ever placed
The Court reversed the order striking the notice of appeal and “remand[ed] the matter to allow the circuit court to determine [whether] there [was] a judgment that complie[d] with the separate document rule[,] and, if a judgment that complie[d] with the separate document ha[d] not yet been created, to create one.” Id. at *3. The Court stated that, “[o]nce the circuit court determine[d] either that there [was] an existing judgment that complie[d] with the separate document rule or create[d] a new judgment that complie[d] with the separate document rule, [Respondent]‘s appeal c[ould] proceed.” Id. The Court‘s mandate provided that the matter was remanded for the circuit court to determine the date of the entry of the judgment or to enter the judgment on a separate document. See id.
Circuit Court Proceedings on Remand
On remand, the circuit court asked the clerk for an explanation of the clerk‘s practices with respect to entries in the circuit court‘s ECMS. In a memorandum dated December 4, 2017, the clerk advised the circuit court that the June 2, 2016 Order–denying the motion to vacate the renewal of the judgment–was entered on the circuit court‘s ECMS on June 3, 2016, under Docket Entry 6000. The clerk‘s memorandum explained:
[] It is the clerk‘s practice that[,] when the clerk enters a ruling/order from the [circuit c]ourt, the Order is “entered” stamped. Which in this case was June 3, 2016.
[] It is the clerk‘s practice to update the original motion in [the ECMS]. In this case[,] the clerk entered the ruling of Denied under docket entry 6000 as of June 3, 2016[,] and mailed copies of the Order on June 3, 2016.
[] Adjacent to the ruling of Denied is the closed date of the motion of June 3, 2016[,] which also corresponds to the date of entry.
[] Therefore[,] the written Order Denying the Motion to Vacate [Renewal of] Judgment was entered by the clerk on June 3, 2016.
After receiving the clerk‘s memorandum, the circuit court issued its own memorandum on December 29, 2017, providing an explanation of the process and events. As to Docket Entry 6000 in the circuit court‘s ECMS, the circuit court explained that the entry reflected several different events–namely, the filing of the motion to vacate the renewal of the judgment on
As to Docket Entry 14000 in the ECMS, the circuit court explained that, “[f]or every hearing[,] the clerk [] prepares a hearing sheet[,] which is a summary of what occurred during a proceeding[,]” and that “[t]he hearing sheet is also entered into the [ECMS].” The circuit court stated that the information in Docket Entry 14000 reflected “the hearing results[,]” that the hearing sheet was dated June 2, 2016, and that it was entered in the ECMS on June 6, 2016. According to the circuit court:
The entry of the hearing sheet on June 6, 2016 is just that, the entering of the hearing sheet into the [ECMS]. It is not an order, nor does it have the effect of an order. It just lists the outcome of the hearing[,] which was the denial of the motion to vacate and [Petitioner]‘s counsel to submit the Order.
In response to the questions that the Court of Special Appeals raised, the circuit court explained that it had issued a separate order that had been signed on June 2, 2016 and entered in the ECMS on June 3, 2016. Specifically, the circuit court stated:
[T]his Court issued a separate Order that was signed on June 2, 2016, and that Order was entered by the clerk [] on June 3, 2016. The Order has the number 6000 written in the lower[-]right corner, and has an Entered stamp of June 3, 2016. The Order was entered by the clerk in the [ECMS] on June 3, 2016[,] and copies were mailed on June 3, 2016.
The Court issued a separate document that complies with the separate document rule[,] and that separate document was entered by the clerk [] and mailed to the parties on June 3, 2016.
Subsequent Appellate Proceedings
After the circuit court issued its memorandum, the case returned to the Court of Special Appeals. On March 14, 2018, Respondent filed an Appellant‘s Brief. On April 11, 2018, Petitioner filed an Appellee‘s Brief and Motion to Dismiss. Petitioner argued, based on the circuit court‘s memorandum, that the denial of the motion to vacate was entered on June 3, 2016, and that, therefore, the notice of appeal was untimely. In a reply brief, Respondent opposed the motion to dismiss, contending that, because the Court of Special Appeals had previously concluded that the appeal was not late and that it would proceed after the remand, the Court‘s determination had become the law of the case.
Opinion of the Court of Special Appeals
On January 30, 2019, in a reported opinion, the Court of Special Appeals denied the motion to dismiss, reversed the circuit court‘s denial of the motion to vacate, and remanded the case with instruction to vacate the renewal of the judgment. See Won Sun Lee, 240 Md. App. at 50, 57, 201 A.3d at 3, 7. The Court of Special Appeals determined that it was not precluded from considering whether Respondent‘s appeal was late, explaining:
Here, the evidence and record [] is substantially different now from the prior appeal because we now have explanations from the circuit court and [the] clerk of the June 2[, 2016] Order and the
docket entries about which the prior panel was uncertain. We now know definitively that (1) the circuit court intended the June 2[, 2016] Order to be the separate order entering judgment in this case, (2) the clerk intended to enter that order in the court‘s electronic case management system on June 3[, 2016] by adding the word “Denied” to Docket Entry 6000, and (3) Docket Entry 14000 is merely a hearing sheet[,] and does not reflect the entry of any written order. With this additional information[,] and in light of our independent obligation to ensure that we have jurisdiction, we conclude that we are not precluded from revisiting the question of whether [Respondent]‘s original notice of appeal was late.
The Court of Special Appeals addressed the motion to dismiss, and concluded that Respondent‘s appeal, although initially premature, had become ripe. See id. at 59, 201 A.3d at 8. The Court determined that “the circuit court‘s memorandum establishes that the June 2[, 2016] Order is indeed the ‘separate document’ setting forth the court‘s judgment that is required by
As to the issue of whether the clerk entered the judgment on the ECMS, the Court observed that that matter was “more complicated.” Id. at 59, 201 A.3d at 8. The Court stated that the circuit court‘s explanation that Docket Entry 14000 does not reflect the entry of any written order eliminated the possibility that Docket Entry 14000 constituted the entry of the judgment in the ECMS. See id. at 59, 201 A.3d at 8. The Court was not convinced, however, that Docket Entry 6000 established that June 3, 2016 was the date on which the clerk entered the judgment in the ECMS. See id. at 59-60, 201 A.3d at 8-9. The Court explained:
Our difficulty in accepting . . . June 3[, 2016] as the trigger date for the [thirty-day] appeal period [set forth in
Maryland Rule 8-202(a) ] lies in the fact that Docket Entry 6000 itself–and particularly the version of that docket entry that was available on the Judiciary website in June and July of 2016–failed to establish clearly when the clerk added the “Denied” notation to the entry.
Id. at 60, 201 A.3d at 9 (footnote omitted).
The Court ultimately held that Docket Entry 6000 did not comply with the requirement set forth in
Pursuant to
[Maryland] Rule 8-602(f) , the July 6, 2016 notice of appeal is treated as having been “filed on the same day as, but after, the entry on the docket.” Although we do not know for certain when Docket Entry 6000 changed in this way, we know it was after July 31, 2016. For that reason, [Respondent]‘s appeal is now ripe to proceed.
Id. at 69, 201 A.3d at 14 (footnote omitted).
Finally, the Court of Special Appeals held that the circuit court erred in denying the motion to vacate the renewal of the judgment. See id. at 69, 201 A.3d at 14. The Court explained that Petitioner‘s 2004 filing in the circuit court established a lien, not a new judgment, i.e., that “the effect of recording and indexing any judgment is the establishment of a lien.” Id. at 72, 201 A.3d at 16 (citation omitted). The Court also concluded that
The Court determined that the federal judgment had expired by the time of Petitioner‘s 2015 filing–i.e., that, by that time, the judgment that Petitioner had obtained against Respondent “on July 23, 2002 was no longer extant and could not be renewed[,]” as it had expired after twelve years. Id. at 75, 201 A.3d at 18 (cleaned up). The Court explained that “the lien that [Petitioner]‘s 2004 filing in Howard County had created was itself destroyed automatically by the expiration of the federal judgment in 2014 because a lien is of no effect in the absence of a predicate judgment.” Id. at 75-76, 201 A.3d at 18. The Court concluded:
[B]y the time [that Petitioner] made his 2015 filing, neither his original 2002 federal judgment nor the lien [that had been] created when he recorded that judgment in Howard County in 2004 remained effective. Simply put, there was nothing for him to renew. The circuit court thus erred in denying [Respondent]‘s motion to vacate the [] renewal of the [] judgment.
Petition for a Writ of Certiorari
On March 18, 2019, Petitioner filed a petition for a writ of certiorari, raising the following two issues:
- When a judgment has been entered properly in a circuit court‘s electronic case management system in compliance with
[Maryland] Rule 2-601(b)(2) , must the docket entry and its date of entry also be identified clearly on the [c]ase [s]earch feature of the Judiciary website in order for there to have been an “entry” of the judgment to begin the 30-daytime period in which an appeal must be filed? - When a federal court judgment is recorded and entered in a Maryland circuit court, may the [S]tate court judgment be renewed independently of any renewal of the federal court judgment?
On May 14, 2019, this Court granted the petition. See Won Bok Lee v. Won Sun Lee, 463 Md. 637, 207 A.3d 1215 (2019).
STANDARD OF REVIEW
In Green v. State, 456 Md. 97, 125, 171 A.3d 1162, 1177-78 (2017), we set forth the standard for interpreting a Maryland Rule, stating:
A court interprets a Maryland Rule by using the same canons of construction that the court uses to interpret a statute. First, the court considers the Rule‘s plain language in light of: (1) the scheme to which the Rule belongs; (2) the purpose, aim, or policy of this Court in adopting the Rule; and (3) the presumption that this Court intends the Rules and this Court‘s precedent to operate together as a consistent and harmonious body of law. If the Rule‘s plain language is unambiguous and clearly consistent with the Rule‘s apparent purpose, the court applies the Rule‘s plain language. Generally, if the Rule‘s plain language is ambiguous or not clearly consistent with the Rule‘s apparent purpose, the court searches for rulemaking intent in other indicia, including the history of the Rule or other relevant sources intrinsic and extrinsic to the rulemaking process, in light of: (1) the structure of the Rule; (2) how the Rule relates to other laws; (3) the Rule‘s general purpose; and (4) the relative rationality and legal effect of various competing constructions.
(Citation omitted). Moreover, “[w]here a Rule‘s language is clear, a court neither adds nor deletes language so as to reflect an intent not evidenced in the plain and unambiguous language of the Rule.” Id. at 125, 171 A.3d at 1178 (cleaned up). “Unambiguous language will be given its usual, ordinary meaning unless doing so creates an absurd result.” Id. at 125, 171 A.3d at 1178 (cleaned up).
As to interpretation of the Maryland Rules and a trial court‘s rulings on any other question of law, we review such matters without deference. See, e.g., Lisy Corp. v. McCormick & Co., Inc., 445 Md. 213, 221, 126 A.3d 55, 60 (2015) (“Because an interpretation of the Maryland Rules is appropriately classified as a question of law, we review the issue de novo to determine if the trial court was legally correct in its rulings on these matters.” (Cleaned up)); Griffin v. Lindsey, 444 Md. 278, 285, 119 A.3d 753, 757 (2015) (“We review questions of law without deference.” (Citation omitted)).
DISCUSSION
I.
The Parties’ Contentions
Petitioner contends that the date of an entry of a judgment is the date when the judgment is entered on the docket in the circuit court‘s ECMS, not the date when the judgment is made available to the public through the case search feature of the Judiciary website. Petitioner argues that
Petitioner contends that, in this case, the June 2, 2016 Order was entered on June 3, 2016–the date that it was entered in the circuit court‘s ECMS–thereby triggering the thirty-day appeal period set forth in
Respondent counters that the Court of Special Appeals correctly denied Petitioner‘s motion to dismiss the appeal as untimely because the July 6, 2016 notice of appeal was not filed within thirty days after the date of the entry of the judgment. Respondent contends that an entry of a judgment does not occur until the clerk makes an entry of the judgment on the docket of the circuit court‘s ECMS pursuant to
Respondent contends that, in this case, Docket Entry 6000 did not comply with
Relevant Maryland Rules
Under
Because the date of an entry of a judgment is governed by
Method of Entry - Date of Judgment. The clerk shall enter a judgment by making a record of it in writing on the file jacket, or on a docket within the file, or in a docket book, according to the practice of each court, and shall record the actual date of the entry. That date shall be the date of the judgment.
See Hiob, 440 Md. at 478, 103 A.3d at 603; Court of Appeals of Maryland, Rules Order at 64-65 (Mar. 2, 2015), available at https://www.mdcourts.gov/sites/default/files/rules/order/ro186supp.pdf [https://perma.cc/V9J7-TFCT].
On September 26, 2014, the Standing Committee on Rules of Practice and Procedure (“the Rules Committee“) submitted its One Hundred Eighty-Sixth Report to this Court. See Rules Committee, One Hundred Eighty-Sixth Report at 3 (Sept. 26, 2014), available at https://www.mdcourts.gov/sites/default/files/rules/reports/186th.pdf [https://perma.cc/BW75-YPT9]. The Rules Committee proposed amendments to
The Rules Committee proposed the following amendments to
(1) amending Rule[] 2-601(b) . . . to provide (i) that the clerk enter a judgment by making an entry of it on the docket of the electronic case management system used by that court, along with such description of the judgment as the clerk deems appropriate, and (ii) that, unless shielding is required by law or court order, the docket entry and the date of the entry shall be available to the public through the [c]ase [s]earch feature on the Judiciary website and in accordance with [specific Maryland] Rules . . . ; and
(2) adding a new section (d) to Rule 2-601 . . . to provide that, on and after
the effective date of the amendment . . ., the date of the judgment is the date that the clerk enters the judgment on the electronic case management system, regardless of the date the judgment was signed.
Id. (emphasis omitted). The Rules Committee stated that its “overarching intent” was that “the date of entry of the judgment be the date when the judgment becomes accessible to the public.” Id. According to the Rules Committee, it had “been advised that a judgment [would] become accessible through [c]ase [s]earch automatically and immediately upon its entry on the court‘s electronic case management system.” Id. The Rules Committee proposed conforming amendments to
AMEND Rule 2-601 to add an applicability provision in subsection (b)(1); to delete language from and add language to subsection (b)(2) to modify how a judgment is entered; to add subsection (b)(3), which provides that subject to a shielding exception, a docket entry is available to the public through a search feature on the Judiciary website and in accordance with certain Rules . . . ; and to add section (d), which provides how the date of a judgment is determined before and after the date of the amendment to Rule 2-601[.]
Id. at 71.
In a Rules Order dated March 2, 2015, this Court adopted the proposed amendments to
As a result of these amendments and other 2015 amendments,5 from January 1, 2016, to July 1, 2016,
(a) Separate Document - Prompt Entry.
(1) Each judgment shall be set forth on a separate document and include a statement of an allowance of costs as
determined in conformance with Rule 2-603.6 * * *
(4) A judgment is effective only when so set forth and when entered as provided in section (b) of this Rule.
* * *
(b) Applicability - Method of Entry - Available to Public.
(1) Applicability. Section (b) of this Rule applies to judgments entered on and after July 1, 2015.
(2) Entry. The clerk shall enter a judgment by making an entry of it on the docket of the electronic case management system used by that court along with such description of the judgment as the clerk deems appropriate.
(3) Availability to the Public. Unless shielding is required by law or court order, the docket entry and the date of the entry shall be available to the public through the case search feature on the Judiciary website and in accordance with Rules 16-1002 and 16-1003.7
(c) Recording and Indexing. Promptly after entry, the clerk shall (1) record and index the judgment, except a judgment denying all relief without costs, in the judgment records of the court and (2) note on the docket the date the clerk sent copies of the judgment in accordance with Rule 1-324.
(d) Date of Judgment. On and after July 1, 2015, regardless of the date a
judgment was signed, the date of the judgment is the date that the clerk enters the judgment on the electronic case management system docket in accordance with section (b) of this Rule. The date of a judgment entered prior to July 1, 2015 is computed in accordance with the Rules in effect when the judgment was entered.
(Committee note omitted).
Relevant Case Law
In Waller v. Md. Nat‘l Bank, 332 Md. 375, 378, 631 A.2d 447, 449 (1993), this Court recognized that former
Although we were analyzing a version of
In so holding, this Court discussed in some detail the history of the separate document requirement. See id. at 472-80, 103 A.3d at 599-04. We observed that, with respect to the application of the separate document requirement in federal court, two principles guided that application: “First, in order to provide the desired clarity, the separate-document rule must be mechanically applied in determining whether an appeal is timely.... Second, because the rule is not designed as a trap for the inexperienced, it is to be interpreted to preserve the right to an appeal.” Id. at 474-75, 103 A.3d at 600-01 (cleaned up). As to the 1997 amendments to
Addressing the case at hand, this Court concluded that the stipulation of dismissal failed to “satisfy the separate document requirement and thus could not trigger the 30-day period for filing a notice of appeal . . . because it did not provide a clear indication that [a] judgment had been rendered, it did not comply with the plain language of [Maryland] Rule 2-601(a), and its accompanying docket entry did not satisfy [Maryland] Rule 2-601(b).” Id. at 483-84, 103 A.3d at 606. We stated that the “features of [a] separate document ensure that the court issues clear, precise, and complete judgments that provide the public and the litigants with clarity as to when a judgment is rendered, which party prevailed, when the judgment becomes effective, and when an appeal must be filed.” Id. at 486, 103 A.3d at 607-08 (cleaned up). To that end, we concluded that what is now
We concluded that the stipulation of dismissal at issue was not a judgment because it was “not presented to the court for approval[ and was] not an order of
We explained that, even had the stipulation satisfied the separate document requirement of what is now
Analysis
Here, we hold that, to constitute an effective judgment under
In this case, the original Docket Entry 6000, as it existed in June and July 2016, failed to satisfy the requirements of
Thus, Respondent‘s July 6, 2016 notice of appeal was premature when it was filed, but, due to subsequent changes in Docket Entry 6000 that satisfy
As an initial matter, like the Court of Special Appeals, we conclude that the circuit court‘s December 29, 2017 memorandum establishes that the June 2, 2016 Order is a separate document that sets forth the circuit court‘s judgment—i.e., the denial of the motion to vacate the renewal of the judgment—as required by
renewal of the judgment. As such, we need not delve further into the separate document requirement of
Rather, the main issues in this case are whether an entry of a judgment must satisfy both
public through Case Search on the Judiciary website. Together,
In support of our conclusion, we observe that, interestingly,
entry of the judgment should be accessible to the parties or the public. Instead,
To be sure,
Although the language of
Requiring that the entry of the judgment and the date of the entry be made available on Case Search to the public pursuant to
the Rules Committee intended. As we stated in Hiob, 440 Md. at 495-96, 103 A.3d at 613, the requirements of
Additionally, we note that, in Hiob, id. at 480, 103 A.3d at 604, this Court observed that, in construing the separate document requirement of
Applying our holding to the instant case leads to the conclusion that neither Docket Entry 14000 nor Docket Entry 6000, as originally set forth in Case Search, satisfied the requirements of
We conclude that Docket Entry 6000, as it originally appeared through Case Search, failed to satisfy
Aside from the “File Date” and “Entered Date” of March 24, 2016, which did not reflect the date of the entry of the judgment, the original Docket Entry 6000 contained two other dates that were not in any way tied to the circuit court‘s decision or judgment. Specifically, the last line of Docket Entry 6000 stated: “04/20/16 per [circuit court j]udge []: Set for hearing[ ]Copies mailed[ ]06/03/16 copies mailed[.]” It is possible to infer that April 20, 2016, was the date that the circuit court judge set the motion in for a hearing. The notation “06/03/16 copies mailed[,]” however, did not refer to what was mailed, or provide
any indication that the item mailed was an order denying the motion, or that such an order was entered on June 3, 2016. Most significantly, the notation “Decision: Denied” was undated. As the Court of Special Appeals explained:
[B]ased on the information then available through the Judiciary website, the only way a litigant or a member of the public would know that a separate document reflecting the judgment was entered on June 3, 2016 would be to make at least three separate assumptions: (1) the ruling of “Denied” was reflected in a separate document constituting a judgment; (2) the word “copies” included in the phrase “06/03/16 copies mailed,” which appears at the end of the grammatically-challeng[ed] final line of text at the bottom of the entry, refers to copies
of that separate document; and (3) the date on which the copies were mailed was also the date the judgment was entered into the electronic case management system.
Won Sun Lee, 240 Md. App. at 68, 201 A.3d at 14. In short, Docket Entry 6000, in its initial form, failed “to provide the public [and] litigants [] with a clear indication of when [a] judgment [was] entered.” Hiob, 440 Md. at 495, 103 A.3d at 613. Indeed, as the Court of Special Appeals‘s opinion explains, the litigants and the public would have had to make several assumptions to conclude that Docket Entry 6000 reflected the entry of the judgment and date thereof, meaning that the date of the entry of the judgment was not available to the public through Case Search as required by
At bottom, an entry of a judgment on either Case Search or the ECMS should be clear as to what the date of the entry of the judgment is. Docket Entry 6000, as originally set forth, is simply not clear as to the date of the entry of the judgment. The docket entry failed to provide notice to the public of the date of the entry of the judgment as required by
The version of
II.
The Parties’ Contentions
Petitioner contends that the judgment obtained in federal court was properly recorded in the circuit court as a judgment—not a lien—and that the renewal of that judgment was timely, as it occurred before twelve years had passed. Petitioner notes that both
Respondent counters that the Court of Special Appeals was correct in holding that the circuit court erred in denying the motion to vacate. Respondent contends that Petitioner‘s request to file a notice of lien created a lien, not a new Maryland judgment, in the circuit court. Respondent argues that, had Petitioner wanted to obtain a Maryland judgment based on the federal judgment, he could have done so under the Uniform Enforcement of Foreign Judgment Act, which allows a judgment creditor to enroll a foreign judgment in a Maryland court. Respondent asserts that the clerk‘s erroneous reference to the lien as a “judgment” on the ECMS did not transform the lien into a judgment.
Respondent maintains that, under
Relevant Law
A money judgment is “a judgment determining that a specified amount of money is immediately payable to the judgment creditor. It does not include a judgment mandating the payment of money.”
Judgments and liens are created through different processes. A judgment is created through “a rendition of the judgment by the court[ and] entry of the judgment by the clerk.” Hiob, 440 Md. at 485, 103 A.3d at 607 (citation omitted). A rendition of a judgment “is the court‘s pronouncement of its decision upon the matter submitted to it for adjudication[,]” and an entry of a judgment occurs where the judgment is set forth on a separate document and entered in accordance with
Likewise,
If indexed and recorded as prescribed by the Maryland Rules, a money judgment of a court constitutes a lien to the amount and from the date of the judgment on the judgment debtor‘s interest in land located in the county in which the judgment was rendered except a lease from year to year or for a term of not more than five years and not renewable.
The term “court” “means a court of law or a court of equity and includes the United States District Court for the District of Maryland[.]”
As to a money judgment,
Analysis
Here, in complete agreement with the Court of Special Appeals, we hold that the circuit court erred in denying the motion to vacate the renewal of the judgment. See Won Sun Lee, 240 Md. App. at 76, 201 A.3d at 18. Petitioner‘s 2004 request to file a notice of lien based on the federal judgment, and the clerk‘s recording and indexing of the federal judgment, created a lien against Respondent‘s property in Howard County, not a new judgment.
Pursuant to
Over a decade passed, and, on July 23, 2015, Petitioner filed a Request to Renew Judgment, stating that the judgment had not expired and requesting that the circuit court renew the judgment. On July 28, 2015, the clerk entered the Notice of Renewed Judgment on the docket.
Simply put, the lien that Petitioner obtained in 2004 could not be renewed under
A notice of renewal filed after the expiration of the 12-year period is ineffective because a judgment no longer exists to be renewed, and the clerk may not renew the judgment on an untimely notice. The date of [an] entry of [a] judgment from which the 12-year period is measured is the date the judgment was originally entered under Rule 2-601.
Won Sun Lee, 240 Md. App. at 75, 201 A.3d at 18 (quoting Paul V. Niemeyer, et al., Maryland Rules Commentary 685-86 (4th ed. 2014)).
At the risk of stating the obvious, the existence of a lien necessarily depends on the existence of the predicate money judgment. When the judgment expires, the lien is also extinguished. Indeed, “[u]nder Maryland law, a judgment lien is a general lien on real property of the debtor and signifies only the right of the judgment creditor to order the sale of the debtor‘s property to satisfy his [or her] judgment.” Chambers v. Cardinal, 177 Md. App. 418, 436, 935 A.2d 502, 513 (2007) (cleaned up). Stated otherwise, a lien is wholly dependent on the existence of a valid judgment that needs satisfaction. In this case, when Petitioner sought to renew the judgment in 2015, a year after the federal judgment expired, neither the 2002 federal judgment nor the lien that had been created in 2004 when the federal judgment was recorded and indexed in Howard County were effective, and there was nothing left to be renewed. The clerk thus erroneously entered the notice of renewed judgment on the docket and the circuit court erred in denying the motion to vacate.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. PETITIONER TO PAY COSTS.
