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Kent Island, LLC v. Michael A. Dinapoli

February 22, 2013

KENT ISLAND, LLC
v.
MICHAEL A. DINAPOLI, ET AL.



Circuit Court for Anne Arundel County Case # C-10-149333

The opinion of the court was delivered by: Harrell, J.

Kent Island, LLC v. Michael A. DiNapoli, et al.,

Case No. 33, September Term 2012,

Opinion by Harrell, J.

CIVIL PROCEDURE - JUDGMENTS - CONSENT ORDER

A Consent Order properly entered and enrolled carries the same weight and is treated as any other final judgment.

CIVIL PROCEDURE - SUBJECT MATTER JURISDICTION - COLLATERAL REVIEW OF CIRCUIT COURT DECISIONS

Absent statutory provision to the contrary, a circuit court does not possess jurisdiction to review, modify, or invalidate a final judgment entered by another circuit court. Generally, therefore, a final judgment may not be attacked collaterally in a subsequent proceeding filed in another circuit court that did not enter the original judgment.

CIVIL PROCEDURE - JUDGMENTS - REVISORY POWER

After the expiration of thirty days following the entry of a judgment (enrollment), Maryland Rule 2-535 and Maryland Code (1973, 2006 Repl. Vol.), Courts & Judicial Proceedings Article, § 6-408 permit a court to exercise its revisory power only upon motion by a party to the proceeding proving, to the satisfaction of the court, fraud, mistake, irregularity, or clerical error in the entry of the judgment. Thus, a circuit court other than the one entering the original judgment does not have the power to modify the judgment.

Bell, C.J., Harrell, Greene, Adkins, Barbera, McDonald, Wilner, Alan M. (Retired, Specially Assigned), JJ.

Opinion by Harrell, J.

This case arises out of an attempt by Respondents*fn1 to attack collaterally an enrolled Consent Order entered by the Circuit Court for Anne Arundel County. Petitioner Kent Island, LLC ("Kent Island"), entered into the subject Consent Order with the Queen Anne's County Planning Commission ("Planning Commission"), Queen Anne's County Sanitary Commission ("Sanitary Commission"), and the County Commissioners for Queen Anne's County ("County Commissioners") regarding resolution of their disputes over Kent Island's proposed construction of a project known as the Cloisters on Kent Island Subdivision ("Cloisters") in Stevensville, Queen Anne's County. The Consent Order, when entered, terminated litigation in Kent Island, LLC v. County Comm'rs for Queen Anne's County, No. C-05-104013 ("Kent Island I"), in the Circuit Court for Anne Arundel County. Respondents were not parties to that action.

Seeking invalidation of the Consent Order, Respondents filed suit in the Circuit Court for Queen Anne's County ("Kent Island II").*fn2 On Kent Island's motion, the case was transferred to the Circuit Court for Anne Arundel County, which terminated the case by granting summary judgment on the merits in favor of Petitioner. On direct appeal, the Court of Special Appeals vacated the judgment solely on procedural grounds, finding that venue was appropriate in the Circuit Court for Queen Anne's County. Before us is the narrow question of whether the Circuit Court for Queen Anne's County has subject matter jurisdiction to consider the validity of the enrolled Consent Order of the Circuit ...


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