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O'CONNOR v. MOTEN

No. 43, September Term, 1986.

307 Md. 644 (1986)

516 A.2d 593

JEFFREY O'CONNOR v. DERRICK MOTEN.

Court of Appeals of Maryland.

November 7, 1986.

Attorney(s) appearing for the Case

Clarence W. Sharp, Annapolis (Charles Duvall Smith, Upper Marlboro, on brief), for appellant.

John F.X. Costello (O'Malley, Miles, McCarthy & Harrell, on brief), Upper Marlboro, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and ADKINS, JJ.

ADKINS, Judge.

The question presented in this case is whether a motion raising a preliminary objection under former Md. Rule 323 extended the time for filing a motion to vacate a default judgment. We hold that it did.

Reduced to their bare essentials, the facts may be simply stated. On 23 August 1982 appellee, Derrick Moten, sued appellant, Jeffrey O'Connor, and Brandywine Riding Stable, Inc., in tort.1 After several non ests as...

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