STSW’s Jodie Buchman Successful at Court of Special Appeals

On October 20, 2020, just 13 days after oral argument, the Court of Special Appeals of Maryland affirmed the dismissal of STSW’s client Burkard Homes LLC from a lawsuit involving title to certain real property it owned in Howard County, Maryland. Appellants, relatives of former owners of the real property in the chain of title who were deceased, claimed errors in the estate proceedings dating back to 1989 and 2015 with respect to the real property and the subsequent transfers of the real property ending with the sale to Burkard Homes.

In their Second Amended Complaint, Appellants sought declaratory relief of the rights, title and interests of appellants and appellees in the real property, fraudulent transfer involving the real property, and other claims. Burkard Homes, led by Jodie E. Buchman of STSW, moved to dismiss on grounds that the Second Amended Complaint failed to state a claim upon which relief could be granted. The Circuit Court for Howard County granted that motion with prejudice. Appellants contended on appeal that the Circuit Court for Howard County erred in granting the motion without giving appellants a hearing, explanation or leave to amend. The Court of Special Appeals (Wilner, J.) affirmed the dismissal of Burkard Homes on grounds that the Circuit Court for Howard County did not abuse its discretion “in putting an end to those amorphous claims.”

For more information on this case, please contact Jodie E. Buchman. For more information on STSW’s real estate litigation practice, please contact Jodie E. Buchman or Avery B. Strachan, or its appellate practice, contact Joe.