# Jenkins v. Jenkins

> Court of Special Appeals of Maryland · December 2, 1996 · 112 Md. App. 390

URL: https://www.frixlaw.com/law-library/cases/9751719

## Case

- **Full name:** Randall Campbell JENKINS v. Nellie Madolyn JENKINS
- **Court:** Court of Special Appeals of Maryland
- **Decided:** December 2, 1996
- **Citations:** 112 Md. App. 390; 685 A.2d 817; 1996 Md. App. LEXIS 164
- **Precedential status:** Published
- **Opinion:** Dissent by Alpert
- **Judges:** Harrell and Eyler, Jj., and Paul E. Alpert, Judge (Retired), Specially Assigned
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in Bussell v. Bussell.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9751719

## How later opinions describe it (automated extraction)

- holding that that Court did not have jurisdiction over appeal pursuant to Rule 8-602(e) where appellant noted appeal prematurely because the trial court erroneously ordered a final judgment when it did not have such discretion under Rule 2-602

## Opinion text

PAUL E. ALPERT, Judge,
Specially Assigned, dissenting.
I dissent. No doubt a strict and literal reading of Rule 8-602(d) would be consistent with the majority’s theory of this case. I believe, however, that we must look to the rule’s intent, i.e., to save premature appeals.' The trial judge in his opinion concluded “that the division was to be one-half of the marital portion of the pension. Counsel shall prepare an appropriate declaratory judgment____” The declaratory judgment does nothing more than reflect and implement the trial judge’s decision. The majority is absolutely correct when they state, “The trend, in Maryland and nationally, is to remove the technical hurdles that sometimes frustrate access to the courts.” Op. at 826. I would continue that trend.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9751719. Public record. Not legal advice.