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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 399

September Term, 2005 ___________________________________

MOUNT VERNON PROPERTIES, LLC v. BRANCH BANKING AND TRUST COMPANY t/a BB&T

Davis, Eyler, James R., Meredith, JJ.

Opinion by Meredith, J.

Filed:

September 14, 2006

Mount Vernon Properties, LLC ("Mount Vernon" or appellant) appeals a summary judgment granted by the Circuit Court for

Baltimore City in favor of Branch Banking and Trust Company ("BB&T" or appellee). Mount Vernon is a mortgage lender and the drawer of

a check drawn on its account at BB&T, made payable to Classic Title Company ("Classic") in the amount of $32,993, for a real estate closing. Mount Vernon gave possession of the check to Ernie

Francis, who engaged in a series of transactions that resulted in Mount Vernon having its BB&T account debited for the $32,993 check, but not receiving the mortgage lien it expected. In the

transactions at issue, Francis evidently took the $32,993 check, drawn by Mount Vernon and payable to Classic, to BB&T, the drawee of the check, and exchanged it for a teller's check drawn by BB&T, payable to the same payee in the same amount. The issue at the heart of this appeal is whether BB&T was entitled to judgment that, as a matter of law, BB&T properly charged Mount Vernon's account for $32,993.1 Because there are

The questions presented by the appellant, which we have edited for clarity, but, alas, not for brevity, are: 1. Where BB&T adopts all of the facts alleged in the complaint to support its alternative motion for summary judgment, may Mount Vernon use those same undisputed material facts against BB&T to support Mount Vernon's cross motion for summary judgment? Does the complaint state a claim for strict liability under MCC

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Maryland Law