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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2194 September Term, 2001

RTKL ASSOCIATES INC., ET AL.

v.

BALTIMORE COUNTY, MARYLAND

Davis, Kenney, Krauser, JJ.

Opinion by Davis, J.

Filed: November 4, 2002

Appellants RTKL Associates Inc. (RTKL) and Andrews, Miller & Associates, Inc. (Andrews Miller) appeal from a ruling dated December 5, 2001, wherein the Circuit Court for Baltimore County (Turnbull, J.) denied appellants' motion to compel arbitration in the lawsuit filed by appellee Baltimore County. Appellants timely

noted their appeal and present for our review two questions, which we restate and reorder as follows: I. Did the trial court err in refusing to grant appellants' motion to dismiss based upon a statute of limitations defense? Did the trial court err in denying appellants' motion to compel arbitration?

II.

Appellee, in turn, presents one question: III. Is this appeal without substantial justification, thus warranting the imposition of attorneys' [sic] fees, costs and expenses? We decline to reach the first issue presented by appellants because the order entered in the circuit court was not a final judgment and is not an immediately appealable interlocutory order. We answer the second question in the negative and, therefore, affirm the judgment of the trial court. settled that the determination of the Because the law is well trial court to compel

arbitration, vel non, is immediately appealable, requiring the appellate court to determine in which forum the proceedings should take place, we answer appellee's question in the negative,

concluding that the instant appeal is not without substantial justification.

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FACTUAL BACKGROUND
On December 11, 1995, RTKL submitted a proposal to appellee offering to perform architectural services for a nature center to be built called the Dundee-Saltpeter Environmental Park. Page

thirteen of RTKL's proposal contained a statement that "RTKL's fees are based on the Detailed Scope of Services and the Standard Form of Agreement Between Client and Architect 1987 Edition, [American Institute of Arbitration (AIA)] Document B-141." Article seven of

AIA Document B-141 provides for mandatory binding arbitration of all disputes "arising out of or relating to this [a]greement or the breach thereof. . . ." On April 9, 1996, appellee's project manager sent RTKL a written acceptance of the December proposal. The parties executed

a final contract, which explicitly attached and included the December proposal. RTKL subsequently hired Andrews Miller to

perform engineering services in conjunction with the contract. Appellants completed work under the contract in 1998. In June 1999, a grading discrepancy occurred and appellee was informed that Andrews Miller had used "National Geodetic Vertical Datum 29" instead of the more modern "North American Vertical Datum 88." Consequently, on August 14, 2001, appellee filed suit against appellants in the Circuit Court for Baltimore County, alleging negligence and breach of contract. Appellants then filed a motion

to compel arbitration, which the trial court denied on December 5,

- 3 2001. Appellants also filed a supplemental motion to dismiss, in The trial

which they asserted that the action was time barred.

court, although not explicitly ruling upon the issue, did not grant the motion to dismiss.

LEGAL ANALYSIS I
Appellants contend that the trial court erred in not granting their motion to dismiss based upon their assertion that appellee's claims are time barred. Appellee argues that we may not address

this issue because we do not have appellate jurisdiction. We agree and, therefore, we do not reach the merits of the statute of limitations argument. Appellate jurisdiction, except as constitutionally authorized, "is determined entirely by statute . . . therefore, a right of appeal must be legislatively granted." Kant v. Montgomery County,

365 Md. 269, 273 (2001) (quoting Gisriel v. Ocean City Elections Bd., 345 Md. 477, 485 (1997)). Maryland Code (1998 Repl. Vol.),

Cts. & Jud. (C.J.)

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