Riley v. Venice Beach Citizens Ass'n

Summary

The Supreme Court of Maryland held that the circuit court abused its discretion by effectively vacating a prior partial summary judgment order that resolved the homeowner’s claim to the Small Section and then entering judgment against him on that claim. Because the order specified undisputed facts and issues, it controlled subsequent proceedings and could be modified only to prevent manifest injustice; in any event, the trial court failed to justify vacatur and deprived the homeowner of notice and an opportunity to prove the claim. The Court also held that the Association’s prescriptive-easement counterclaim was not properly before the intermediate appellate court because the Association had not cross-appealed its dismissal. The Court reversed in part and remanded for revision of the appellate remand instructions.