Preview:

Mike Smith Pontiac, GMC, Inc. v. Mercedes-Benz America, Inc., No. 1827, September term, 1997

of

North

HEADNOTE: JUDGMENT -- INTEREST -- A Florida judgment filed in Maryland, pursuant to the Maryland Uniform Enforcement of Foreign Judgments Act does not create a separate judgment for the purpose of determining the applicable post-judgment interest rate. SATISFACTION OF DEBT -- RELEASE -- Maryland Rule 2-626 affords a trial judge discretion to determine whether a judgment creditor has a justifiable reason for not complying with its requirement before awarding costs and attorney's fees.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1827 September Term, 1997

MIKE SMITH PONTIAC, GMC, INC. v. MERCEDES-BENZ OF NORTH AMERICA, INC.

Wenner, Thieme, Fischer, Robert F., (retired, specially assigned) JJ.

Opinion by Wenner, J.

Filed: October 28, 1998

Appellant/Cross-Appellee, Mike Smith Pontiac, GMC, Inc., (MSP) appeals from a judgment granting the Motion for Order Declaring Judgment Satisfied and Releasing Property from Levy1 filed by Appellee/Cross-Appellant, Mercedes-Benz of North America (MBNA). MBNA has noted a cross-appeal from the judgment which denied its claim for costs and attorney's fees. with the following issues: 1. Whether the lower court erred in ruling that filing a foreign judgment in the Circuit Court in full compliance with the Maryland UEFJA did not create a separate, valid Maryland judgment with independent legal effect subject to Maryland law and Maryland's post-judgment interest rate. Whether the lower court erred in ruling that a Maryland judgment properly filed and recorded under the Maryland UEFJA and subject to Maryland's 10% post-judgment interest statute can be collaterally attacked by reason of the debtor's subsequent payment of only the lesser amount on the underlying foreign judgment. Whether the lower court erred in ruling that a form of limited satisfaction of judgment, which acknowledged only receipt of the amount due on the Florida federal court judgment, was equivalent to an accord and satisfaction or complete release of all amounts due on the Maryland judgment properly filed under the UEFJA. On appeal, MSP presents us

2.

3.

On cross-appeal, MBNA inquires only whether the lower court was clearly erroneous and/or abused its discretion in denying MBNA's request for costs and attorney's fees.
1

MSP had filed a judgment obtained in Florida with the Clerk of the Circuit Court for Harford County, Maryland, pursuant to the Uniform Enforcement of Foreign Judgments Act (UEFJA). See Md. Code (1973, 1995 Repl. Vol.), Cts. & Jud. Proc. (CJP),

Download Mike Smith Pontiac v. Mercedes-Benz.pdf

Maryland Law