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HEADNOTE JERRY J. MATHIS ET AL. v. AARON HARGROVE, NO. 2604, SEPTEMBER TERM 2004 MARYLAND RULE 2-501; METROPOLITAN MORTGAGE FUND, INC. V. BASILIKO, 288 MD. 25 (1980); WHERE TRIAL JUDGE RESERVES RULING ON A MOTION FOR SUMMARY JUDGMENT UNTIL AFTER CONCLUSION OF ALL OF THE EVIDENCE, SUCH RESERVATION IS TREATED ON APPEAL AS A DENIAL OF THE MOTION FOR SUMMARY JUDGMENT AND WILL NOT BE DISTURBED EXCEPT UNDER LIMITED CIRCUMSTANCES; APPELLATE COURT WILL ONLY REVERSE TRIAL COURT'S DENIAL OF A MOTION FOR SUMMARY JUDGMENT WHEN IT WAS PRESENTED ONLY WITH A PURE QUESTION OF LAW.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2604 September Term, 2004

JERRY J. MATHIS ET AL. v. AARON HARGROVE

Davis, Salmon, Adkins, JJ.

Opinion by Davis, J.

Filed: December 22, 2005

Appellants,

Jerry

Mathis,

Prudential

Mathis

Realtors

and

Mathis Realty, Inc.,1 appeal from the verdict of a jury in the Circuit for Prince George's County, Clark, J., in favor of

appellee, Aaron Hargrove. Appellants raise the following issues on this appeal: I. II. Whether the circuit court wrongfully declined to decide on the motion for summary judgment; Whether the circuit court erred by denying appellants' motion for summary judgment, where appellee failed to file an opposition to the motion;

III. Whether the circuit court, appellants' attorney, and appellee's attorney violated appellants' constitutional due process rights regarding a subpoenaed witness and by ignoring appellants' right to a ruling on motion; IV. V. Whether the jury's verdict was supported substantial evidence in a written record; by

Whether appellee voluntarily breached his orally modified contact [sic]; Creates An Independent the Oral

A. Parties' Agreement Contractor Relationship; and

B. Appellee Unilaterally Contract, therein Breaching; and VI.

Modified

Whether the finding of fraud, evil intent, willful or knowing requires a showing of intent.

FACTS AND PROCEDURAL BACKGROUND
On August 1, 2001, appellant and Mathis Realtors, Inc., d/b/a, Prudential Mathis Realtors, entered into a Broker Associate

All references to appellant in the singular refer to Jerry Mathis.

1

Independent Contracting Agreement with appellee.

Pursuant to

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Maryland Law