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REPORTED

IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1399 September Term, 2010

CHERI MATTISON f/k/a CHERI PRUITT v. RENE L. GELBER, et al .

Eyler, Deborah S. Matricciani Wilner, Alan M. (Retired, Specially Assigned)

JJ.

Opinion by Wilner, J.

Filed: October 28, 2011

Appellant filed a medical malpractice action in the Circuit Court for Prince George's County against appellees Teresa Rosas, as personal representative of the Estate of Dr. Henry Rosas, and Dr. Rene Gelber. The complaint alleged that Drs. Rosas and Gelber were negligent in their performance of thoracic surgery on appellant, for which she sought compensatory damages and court costs. On appellees' motion, the case was removed to Howard County, where it was tried before a jury. The jury returned a verdict in appellant's favor against the Estate of Dr. Rosas in the amount of $811,162.73. Finding no liability on the part of Dr. Gelber, however, it returned a verdict in his favor. Those verdicts are not at issue in this appeal. On April 9, 2010, immediately following the return of the verdicts, the trial judge and the court clerk signed two written judgments on what appear to be pre-printed forms.1 On the form reflecting the verdict in favor of Dr. Gelber, the judge or clerk checked a box next to the statement "All relief is denied." A box next to the statement "Costs are assessed against" was not checked, however, and no specific mention was made of costs. The judgment form reflecting the verdict against Dr. Rosas's Estate recited that judgment was entered in favor of appellant against the Estate in the precise amount of the jury verdict

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Maryland Law