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SHOEMAKER v. SMITH

No. 44, September Term, 1998.

725 A.2d 549 (1999)

353 Md. 143

Diane SHOEMAKER et al. v. Judee G. SMITH et al.

Court of Appeals of Maryland.

March 10, 1999.

Attorney(s) appearing for the Case

Charles S. Fax (Andrew J. Toland, Dana M.S. Wilson, Shapiro and Olander, on brief), Baltimore, for Petitioners.

Phillip F. Scheibe, County Atty.; John F. Breads, Jr., Senior Asst. County Atty., Anne Arundel County, Annapolis; Barbara L. Holtz, Acting County Atty., Sean D. Wallace, Deputy County Atty., Jay H. Creech, Associate County Atty., Upper Marlboro, for Prince George's County, MD, Virginia W. Barnhart, County Atty., John E. Beverungen, Asst. County Atty., Towson, for Baltimore County, MD, Amicus Curiae.

Joseph A. Schwartz, III, Baltimore, for Respondents.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.

WILNER, Judge.

The immediate issue before us is a procedural one—whether the Court of Special Appeals erred in dismissing petitioners' appeal from an interlocutory order denying their motion for summary judgment, upon a finding that the appeal did not fall within the collateral order doctrine. The motion for summary judgment was based on a claim of immunity under the Maryland Tort Claims Act (Maryland Code, §...

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