Appeals Court Can't Enter Final Judgment on Dismissal of Tobacco Claims After Trial Court's Refusal To Do So, High Court Says

ANNAPOLIS, Md.- A court of appeals cannot enter final judgment dismissing certain defendants from a tobacco-asbestos synergy complaint when the trial court is invited to enter judgment on the dismissal but expressly refused to do so, Maryland's highest court has ruled. Brown & Williamson Tobacco Corp., et al. v. Gress, et al., No. 38, September Term, 2003 (Md. Ct. App.).

In a Dec. 15 decision, the Maryland Court of Appeals reversed the appeals court's entry of final judgment dismissing the tobacco defendants from the case after determining that an appellate court may not disregard a trial court's appropriately exercised discretionary …