0393/25•Lamb, Denise v. Bingham
Texte intégral
*This is a per curiam opinion. Under Rule 1-104, the opinion is not precedent within the rule of stare decisis, nor may it be cited as persuasive authority. Circuit Court for Charles County Case No.: C-08-CV-24-000438 UNREPORTED* IN THE APPELLATE COURT OF MARYLAND No. 393 September Term, 2025 ______________________________________ DENISE LAMB, et al. v. CHARLES BINGHAM, et al. ______________________________________ Graeff, Ripken, Eyler, Deborah S. (Senior Judge, Specially Assigned), JJ. ______________________________________ PER CURIAM ______________________________________ Filed: October 16, 2026
‒Unreported Opinion‒ In June 2024, appellant Denise Lamb and her husband 1 sued appellees Charles Bingham and Affordable Excavating LLC (collectively, “Affordable Excavating”) in the Circuit Court for Charles County, alleging claims related to drainage work that Affordable Excavating performed at the Lambs’ home. Mr. Lamb had previously pursued the same claims against Affordable Excavating arising from the same facts in the District Court of Maryland, sitting in Charles County. Accordingly, Affordable Excavating moved for summary judgment based on res judicata and for attorneys’ fees. After a hearing, the circuit court granted both motions. This appeal followed. On appeal, Ms. Lamb effectively presents three issues for our review. First, she contends the circuit court erred in dismissing her claims against another defendant. The Lambs’ complaint initially named James Karmel as a defendant, but he was dismissed voluntarily after a hearing in December 2024. Although Mr. Lamb tried unsuccessfully to undo Mr. Karmel’s dismissal, Ms. Lamb never objected to it. Mr. Lamb’s attempt to unwind the voluntary dismissal was insufficient to preserve the issue for Ms. Lamb to raise on appeal. See In re Nicole B., 410 Md. 33, 63 (2009) (“One spouse’s signature on a pleading, legal document, contract, etc., which is intended by the signer to be on behalf of both spouses, is not by itself sufficient to make the signing spouse an agent of the non- signing spouse or to include the non-signing spouse.”). By failing to raise the issue herself, or to make any objection to Mr. Karmel’s dismissal at any point, Ms. Lamb waived the 1 Mr. Lamb was initially also an appellant. His appeal was dismissed, however, because he sought and obtained in banc review while this case was pending. See Md. Rule 2-551(h).
‒Unreported Opinion‒ 2 issue on appeal. See Nalls v. State, 437 Md. 674, 691 (2014). See also Long v. State, 371 Md. 72, 86 (2002) (“Ordinarily, no appeal will lie from a consent judgment.”). Second, Ms. Lamb contends the circuit court erred in granting Affordable Excavating’s motion for summary judgment based on res judicata. As best we can tell, she first argues that her claims were not fully litigated previously because there were “unresolved” issues that she attempted to raise in an amended complaint while Mr. Lamb’s earlier case was “on remand at the District Court[.]” See generally Facey v. Facey, 249 Md. App. 584, 608 (2021) (discussing the elements of res judicata). Once again, however, she failed to raise this argument in the circuit court. Indeed, the argument Ms. Lamb now raises directly contradicts her position at the hearing on Affordable Excavating’s motion where she claimed she “knew nothing about the District Court case.” We therefore decline to address this argument. Ms. Lamb also argues that the court should not have relied upon the affidavit supporting Affordable Excavating’s motion for summary judgment because it was not based on personal knowledge. We note that she did not raise this issue until after the court granted summary judgment, in her motion for reconsideration. 2 In any event, the facts within the affidavit consisted of the procedural history of Mr. Lamb’s prior case, of which the court could take judicial notice. See In re Nathaniel A., 160 Md. App. 581, 597–600 (2005). Even if it was technically deficient, Affordable Excavating’s motion and affidavit successfully put the court on notice that res judicata was potentially applicable to the case. 2 Though Mr. Lamb did raise the issue at the hearing on Affordable Excavating’s motion.
‒Unreported Opinion‒ 3 So notified, the court was permitted to consider res judicata on its own initiative regardless of the efficacy of Affordable Excavating’s motion. See Anne Arundel Cnty. Bd. of Educ. v. Norville, 390 Md. 93, 105–06 (2005). Accordingly, the court did not err in considering the affidavit supporting Affordable Excavating’s motion for summary judgment. And because Ms. Lamb presents no other preserved arguments regarding this issue, we shall affirm the circuit court’s granting of summary judgment. 3 Finally, Ms. Lamb contends that the court erred or abused its discretion in awarding attorneys’ fees to Affordable Excavating under Maryland Rule 1-341. She first argues that “[t]he court articulated no factual findings of misconduct, bad faith or lacking substantial justification.” See Zdravkovich v. Bell Atlantic-Tricon Leasing, Corp., 323 Md. 200, 210 (1991) (explaining that, to award attorneys’ fees under Rule 1-341, the court must make “an explicit finding that a claim or defense was in bad faith or without substantial justification” accompanied by “some brief exposition of the facts upon which the finding is based and an articulation of the particular finding involved” (cleaned up)). Not true. 3 In a separate section of her brief, Ms. Lamb also asserts generally that the court “erred or abused its authority in failing to consider claims raised by motion in district court as detailed in [her] Supplemented and Renewed Motion to Alter or Amend.” She presents no argument, however, and simply cites to her motion in the record. It is a party’s responsibility to present, in their principal brief, “[a]rgument in support of [their] position on each issue.” Md. Rule 8-504(a)(6). “We cannot be expected to delve through the record to unearth factual support favorable to [Ms. Lamb] and then seek out law to sustain [her] position.” Van Meter v. State, 30 Md. App. 406, 408 (1976). See also Diallo v. State, 413 Md. 678, 692 (2010) (“Arguments not presented in a brief or not presented with particularity will not be considered on appeal.” (cleaned up)). Thus, because Ms. Lamb has presented no further argument that the court erred in denying her motion for reconsideration, we do not further address the issue.
‒Unreported Opinion‒ 4 The court found that the Lambs’ complaint was both without substantial justification and brought in bad faith. As to the first prong, the court found the complaint was based on the same underlying facts as Mr. Lamb’s prior suit and found that Ms. Lamb was “privy to . . . what her husband knew.” This finding was sufficient to support the court’s determination that the complaint lacked substantial justification because all of the Lambs’ claims were barred by res judicata and they had no reasonable basis to believe otherwise. See Inlet Assocs. v. Harrison Inn Inlet, Inc., 324 Md. 254, 268 (1991) (explaining that a claim lacks substantial justification if a party has no “reasonable basis for believing that the claims would generate an issue of fact for the fact finder”). As to the second prong, the court found that the Lambs left Ms. Lamb off of Mr. Lamb’s prior suit but added her to the complaint here because they were trying to “prolong the case.” Counsel for Affordable Excavating also read into the record a portion of a transcript of the hearing at which the same judge had dismissed Mr. Lamb’s prior suit (after it was appealed to the circuit court) in which the court found that Mr. Lamb was “engaging in vexatious litigation” and warning him that that transcript was “going to be [the court’s] Exhibit A when [it] say[s] why [Mr. Lamb is] acting in bad faith” should he try to bring the same claims again. Either of these findings were sufficient to support the court’s determination that the complaint was brought in bad faith. See id. (explaining that “bad faith” means “vexatiously, for the purpose of harassment or unreasonable delay, or for other improper reasons”). And nothing in the record suggests findings about the Lambs’ conduct were clearly erroneous. See Christian v. Maternal-Fetal Med. Assocs. of Maryland, LLC, 459 Md. 1, 20 (2018).
‒Unreported Opinion‒ 5 Ms. Lamb also argues that “the court made no determination that the particular attorney’s fees imposed are reasonable[.]” Again, this is not true. The court’s order expressly found that the fees were reasonable. Thus, the court did not err or abuse its discretion in awarding attorneys’ fees to Affordable Excavating, and we shall affirm its judgment. JUDGMENTS OF THE CIRCUIT COURT FOR CHARLES COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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