BEYOND SYSTEMS, INC. v. SECURE MEDICAL, INC.

No. 2793, September Term, 2004.

895 A.2d 1098 (2006)

168 Md. App. 186

BEYOND SYSTEMS, INC. v. SECURE MEDICAL, INC., et al.

Court of Special Appeals of Maryland.

April 7, 2006.


Attorney(s) appearing for the Case

Stephen H. Ring, Gaithersburg, for appellant.

Adam P. Palmer, Phoenix, AZ, for appellee.

Panel: HOLLANDER, JAMES R. EYLER, BARBERA, JJ.


JAMES R. EYLER, J.

Maryland Rule 2-322(a) provides that the defense of lack of jurisdiction over the person shall be made by motion to dismiss filed before the answer. The question presented is (a) when a defendant fails to raise the defense by motion prior to its answer, (b) ultimately prevails on the defense on motion for summary judgment, and (c) the plaintiff argues for the first time on appeal that the defense was waived, is the issue of defendant's waiver properly...

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