ADDISON v. LOCHEARN

No. 134, September Term, 2008.

983 A.2d 138 (2009)

411 Md. 251

Beulah ADDISON v. LOCHEARN NURSING HOME, LLC d/b/a/ Futurecare-Lochearn.

Court of Appeals of Maryland.

November 10, 2009.


Attorney(s) appearing for the Case

F. Paul Bland (Claire Prestel, Public Justice of Washington, D.C., Phillip Robinson, Civil Justice, Inc., Baltimore), on brief, for Petitioner.

Melvin J. Sykes (Brown, Goldstein & Levy, LLP, Baltimore, Natalie Paige Drinkard, Pursel & Drinkard, LLC, Columbia), on brief, for Respondent.

C. Matthew Hill, Murnaghan Appellate Advocacy Fellow, Baltimore, Amici Curiae.

Kelly Bagby, AARP Foundation Litigation, Michael Schuster, AARP, Washington, DC, Dora Chen, Asst. Gen. Counsel, Service Employees International Union, Washington, DC, Cheryl L. Hystad, Legal Aid Bureau, Inc., Baltimore, Lauren Young, Maryland Disability Law Center, Baltimore, Amici Curiae.

Peter A. Holland, Holland Law Firm, Annapolis, Amici Curiae.

Jonathan Scott Smith, Jonathan Scott Smith, LLC, Columbia, Amicus Curiae.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.


BATTAGLIA, J.

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl.Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the judgment of the Court of Special...

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