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[Donna Silbersack, Personal Representative of the Estate of Dominic Casino, et al. v. AC and S, Inc., et al., No. 53, September Term 2007. 

Opinion by Wilner, J.
Jump to full article: Maryland Court of Appeals, 2008-01-04

Intro:

This case has a complex history, but the issue before us is a simple one. No final judgment, as we have consistently defined that term, has been entered in the case by the Circuit Court. There are still claims pending against nine defendants who are in bankruptcy. Appellants asked the court to enter a judgment, under Maryland Rules 2-601 and 2-602(b), and the court declined to do so. Appellants acknowledge that such a decision is both a discretionary and interlocutory one and that no appeal ordinarily lies from it. Their case, they believe, calls for a different result. They insist that, in their case, the court’s refusal to exercise its discretion in their favor constitutes a final judgment. We disagree and shall dismiss their appeal.

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