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Maryland Supreme Court Grants Cert, Vacates Circuit Court Money Judgment in HOA Case

The Supreme Court of Maryland granted certiorari in Ghazzaoui v. Russett Community Association, Inc., and vacated the circuit court's money judgment, finding the court erred when it entered a new judgment after dismissing the homeowner's appeal. The case was remanded with the original district court judgment remaining in effect.

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Seal of the Court of Appeals of Maryland

Case Information

Case No.:
C-02-CV-25-002097

Key Takeaways

  • Supreme Court of Maryland granted certiorari and vacated circuit court's money judgment
  • Court found circuit court erred in entering new judgment after dismissing appeal
  • Homeowner failed to appear for de novo trial, resulting in dismissal with prejudice
  • Case was remanded with original district court judgment remaining in effect
  • Decision clarifies proper procedure when appeals are dismissed for non-appearance

The Supreme Court of Maryland issued a per curiam order on Jan. 23, 2026, in *Ghazzaoui v. Russett Community Association, Inc.*, granting a petition for writ of certiorari and vacating the circuit court's money judgment in a homeowner association dispute.

The case began when Russett Community Association, Inc. obtained a money judgment against homeowner Ramez Ghazzaoui in district court. Ghazzaoui appealed the judgment to Anne Arundel County Circuit Court, which would have provided him with a de novo trial - a fresh hearing on the merits of the case.

However, when the de novo trial was scheduled, Ghazzaoui failed to appear in court. Under Maryland law, a party's failure to appear at a de novo trial can result in dismissal of their appeal. The circuit court dismissed Ghazzaoui's appeal with prejudice, meaning he cannot refile the same claims.

The circuit court then entered a new money judgment in favor of the community association that exceeded the amount of the original district court judgment. It was this action that drew scrutiny from the Supreme Court of Maryland.

In its per curiam order, the Supreme Court found that the circuit court erred in entering the new money judgment after dismissing the appeal. The court vacated the circuit court's judgment and remanded the case, leaving the original district court judgment in effect.

The Supreme Court's action clarifies the proper procedure when appeals are dismissed for failure to appear at de novo trials. Rather than entering new judgments, courts should allow the original district court judgment to stand.

The case demonstrates the importance of understanding appellate procedures and the consequences of failing to appear for scheduled court proceedings. While Ghazzaoui's failure to appear resulted in the dismissal of his appeal, the circuit court overstepped its authority in entering an increased money judgment.

The remand means the case returns to the lower court for further proceedings consistent with the Supreme Court's ruling. The original district court judgment remains enforceable while any additional proceedings are conducted.

Topics

appeal dismissalfailure to appearmoney judgmentcertiorari petitioncourt procedure

Original Source: courtlistener

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