HARRELL, J.
This case arises out of an attempt by Respondents
Seeking invalidation of the Consent Order, Respondents filed suit in the Circuit Court for Queen Anne's County ("Kent Island II").
Petitioner Kent Island instituted suit in Kent Island I against initially the County Commissioners, the Sanitary Commission, and the Maryland Department of the Environment ("MDE") in the Circuit Court for Anne Arundel County
On 5 November 2007, Judge William C. Mulford, II, after a two-day hearing,
During the pendency of the appeal, Kent Island obtained preliminary subdivision approval for the proposed 273 dwelling units in the Cloisters and secured a water and sewer allocation.
The Consent Order was conceived as the means to terminate the litigation in Kent Island I. Specifically, the County Commissioners and Sanitary Commission agreed to dismiss their pending appeal within ten days. Kent Island agreed to reduce the density of the proposed subdivision to 240 units and withdraw a claim for attorneys' fees. Additionally, the parties to Kent Island I agreed to execute a Public Works Agreement within ninety days of Kent Island's final subdivision approval, and extend the time limit in Judge Mulford's 5 November 2007 Order to provide Kent Island five additional years in which to obtain final subdivision approval, consistent with the laws in effect as of 18 November 2003. The Consent Order, signed by the parties to Kent Island I, was signed and entered by Judge Mulford on 10 March 2009.
The present action, Kent Island II, was filed by Respondents, who were not parties to Kent Island I, on 23 December 2009 in the Circuit Court for Queen Anne's County. Respondents asked the Circuit Court for Queen Anne's County to invalidate the Consent Order entered in Kent Island I. Specifically, Respondents alleged that the Consent Order is invalid because it establishes illegal contract zoning, unlawfully attempts to create a Development Rights and Responsibilities Agreement, denies Respondents equal protection under the law, and confers special privileges and zoning upon a single property, thus rendering the Consent Order an invalid
Kent Island II was assigned to Judge Mulford. Respondents filed a Request for Recusal on 5 April 2010, contending that because Judge Mulford signed the Consent Order in Kent Island I, he was "inherently and personally biased and inclined to ratify and uphold that agreement." Following a hearing on 30 June 2010, Judge Mulford denied the request for recusal. The parties then filed cross-motions for summary judgment. On 8 December 2010, Judge Mulford issued an Order and supporting Memorandum Opinion granting summary judgment in favor of Kent Island, concluding that: (1) the Consent Order does not constitute illegal contract zoning because it was the court's 5 November 2007 Order in Kent Island I, and not the Consent Order, which required Queen Anne's County to review Kent Island's plans under the laws in effect on 18 November 2003; (2) the Consent Order is not itself a Development Rights and Responsibility Agreement; and (3) Respondents were not denied equal protection of the law.
Respondents filed timely a Notice of Appeal to the Court of Special Appeals, challenging the decision of the Circuit Court for Queen Anne's County to transfer venue to the Circuit Court for Anne Arundel County, as well as Judge Mulford's decisions to deny Respondents' request for his recusal and to grant summary judgment on the merits to Kent Island. In a reported opinion filed on 1 March 2012, a panel of the intermediate appellate court vacated the judgment of the Circuit Court for Anne Arundel County and remanded with instructions to transfer the case to Queen Anne's County, finding that the Circuit Court for Queen Anne's County abused its discretion in transferring the case to Anne Arundel County in the first instance because Queen Anne's County had properly both venue and subject matter jurisdiction to consider and decide Kent Island II. DiNapoli v. Kent Island, LLC, 203 Md.App. 452, 38 A.3d 509 (2012). Specifically, the court determined that venue in Queen Anne's County was proper because only Queen Anne's County was common to all parties, and "[n]othing in the venue statutes ... indicates the location of prior litigation is a factor that governs, or is dispositive of, venue." Id. at 472, 38 A.3d at 521.
The Court of Special Appeals, in considering whether the Circuit Court for Queen Anne's County had jurisdiction to hear the case, noted that a circuit court has "full common-law and equity powers and jurisdiction in all civil and criminal cases within its county," id. at 473, 38 A.3d at 521 (quoting Md.Code (1973, 2006 Repl.Vol.), Courts & Judicial Proceedings Article, § 1-501), which is not divested merely because the court was asked to review "a Consent Order signed by a judge from another circuit court."
Upon Kent Island's petition, we issued a writ of certiorari on 21 June 2012 to consider the following questions:
The parties disagree regarding the legal effect of the Consent Order entered by Judge Mulford in Kent Island I. Specifically, Kent Island argues that the Consent Order is a final judgment, and thus is subject to revision only in the same manner as any final judgment. Respondents, by contrast, refer to the Consent Order throughout their brief as a "settlement agreement," and thus argue that, despite Judge Mulford's imprimatur, the Circuit Court for Queen Anne's County may hear a challenge to the Consent Order's validity brought by strangers to Kent Island I. Indeed, in determining that the Circuit Court for Queen Anne's County had fundamental jurisdiction to decide the present litigation, the Court of Special Appeals stated that the 2009 Consent Order "was simply a settlement agreement," that "[t]he Circuit Court for Anne Arundel County resolved no conflict in the case and took no evidence or heard argument upon which it resolved a contested issue," and that "the parties crafted their own terms and Judge Mulford, by signing the agreement, did not order the parties to do anything that they had not agreed to do." Id. at 473-44, 38 A.3d at 521-22.
The Court of Special Appeals erred in equating the Consent Order entered by Judge Mulford with a mere settlement agreement. Although a settlement agreement is not a final judgment, a consent order is. See Jones v. Hubbard, 356 Md. 513, 525-26, 740 A.2d 1004, 1011 (1999). "A consent judgment or consent order is an agreement of the parties with respect to the resolution of the issues in the case or in settlement of the case, that has been embodied in a court order and entered by the court, thus evidencing its acceptance by the court." Long v. State, 371 Md. 72, 82, 807 A.2d 1, 6-7 (2002) (citing Jones, 356 Md. at 529, 740 A.2d at 1013; Chernick v. Chernick, 327 Md. 470, 478, 610 A.2d 770, 774 (1992)). A consent
Although consent judgments are, at the same time, contractual and judicial in nature, "consent judgments should normally be given the same force and effect as any other judgment, including judgments rendered after litigation." Jones, 356 Md. at 532, 740 A.2d at 1014; Chernick, 327 Md. at 478, 610 A.2d at 774. It is a "judgment and an order of court. Its only distinction is that it is a judgment that a court enters at the request of the parties." Jones, 356 Md. at 528, 740 A.2d at 1013. Thus, a consent order entered properly carries the same weight and is treated as any other final judgment. Here, because the Consent Order was a final disposition of the matter in controversy, adjudicated the claims against all parties (including Kent Island's outstanding claim for attorneys' fees and the pending appeal), and was properly entered on the docket by the clerk, see Jones, 356 Md. at 524, 740 A.2d at 1010 (noting the requirements for the proper entry of a final judgment (quoting Bd. of Liquor License Comm'rs v. Fells Point Café, Inc., 344 Md. 120, 129, 685 A.2d 772, 776 (1996))), the Consent Order became the final judgment in Kent Island I on 10 March 2009 and became enrolled thirty days later, absent the entry of a stay.
Additionally, the Court of Special Appeals appeared to characterize the Consent Order as a mere settlement agreement because, by virtue of the appeal pending in the Court of Special Appeals at the time the Consent Order was entered, the Circuit Court for Anne Arundel County was "divest[ed] ... of jurisdiction" during the pendency of the appeal, and thus lacked the authority to take any action with respect to Kent Island I. DiNapoli, 203 Md.App. at 473, 38 A.3d at 521. We have noted repeatedly, however, that in the absence of a stay, trial courts retain fundamental jurisdiction over a matter despite the pendency of an appeal. See, e.g., Cottman v. State, 395 Md. 729, 739, 912 A.2d 620, 625-26 (2006); County Comm'rs v. Carroll Craft Retail, Inc., 384 Md. 23, 44-45, 862 A.2d 404, 417-18 (2004); Pulley v. State, 287 Md. 406, 417-18, 412 A.2d 1244, 1250 (1980). Thus, a trial court may continue ordinarily to entertain proceedings during the pendency of an appeal, so long as the court does not exercise its jurisdiction in a manner affecting the subject matter or justiciability of the appeal. Carroll Craft Retail, 384 Md. at 45, 862 A.2d at 417-18. Even if a trial court does so, however, such a ruling is not void for lack of jurisdiction, but is instead reversible on appeal. Downes v. Downes, 388 Md. 561, 575, 880 A.2d 343, 351 (2005); Carroll Craft Retail, 384 Md. at 45, 862 A.2d at 417-18. The parties to a pending appeal are free, before the appeal is decided, to enter into a court-sanctioned agreement resolving the litigation and dismissing the pending appeal, no matter that the appeal remained pending at the time the agreement is memorialized in a consent judgment. Thus, because the Circuit Court for Anne Arundel County had jurisdiction to enter the Consent Order at the time the appeal in Kent Island I was pending, the Consent Order is a valid final and enrolled judgment.
Kent Island contends primarily that the Circuit Court for Queen Anne's
Jurisdiction embraces two distinct concepts: "(i) the power of a court to render a valid decree, and (ii) the propriety of granting the relief sought." Maryland Bd. of Nursing v. Nechay, 347 Md. 396, 406, 701 A.2d 405, 410 (1997) (quoting Moore v. McAllister, 216 Md. 497, 507, 141 A.2d 176, 182 (1958)). Whether a court has fundamental jurisdiction, or the "power, or authority, ... to render a valid final judgment," is determined by the applicable constitutional and statutory provisions. Kaouris v. Kaouris, 324 Md. 687, 708, 598 A.2d 1193, 1203 (1991).
The authority of the circuit courts of Maryland is defined by Article IV, § 20 of the Maryland Constitution and § 1-501 of the Courts and Judicial Proceedings Article. The Maryland Constitution provides, in relevant part, that each circuit court has "all the power, authority and jurisdiction, original and appellate, which the Circuit Courts of the counties exercised on [4 November 1980]...." Md. Const., Art. IV, § 20. Circuit courts are the "highest common-law and equity courts of record exercising original jurisdiction within the State," and have "full common-law and equity powers and jurisdiction in all civil and criminal cases within its county, ... except where by law jurisdiction has been limited or conferred exclusively
Respondents seek to attack collaterally the final and enrolled judgment entered by the Circuit Court for Anne Arundel County. See Fisher v. DeMarr, 226 Md. 509, 514, 174 A.2d 345, 348 (1961) ("Where in a subsequent judicial proceeding the judgment is relied upon as a cause of action or defense by one party to the proceeding and the other party sets up the invalidity of the judgment, he is collaterally attacking the judgment." (quoting Restatement of Judgments, § 11)). Contrary to the reasoning of Respondents and the Court of Special Appeals, however, a circuit court does not possess jurisdiction generally to review, modify, or overrule Consent Orders entered by another circuit court, all things being equal. See Md. Const., Art. IV, § 20; Solomon, 118 Md. App. at 114, 701 A.2d at 1207. We have long held that "the acts of a competent tribunal cannot be reviewed collaterally. They are to be taken as a just and proper exercise of power in all other Courts." Clark v. Southern Can Co., 116 Md. 85, 93, 81 A. 271, 274 (1911) (quoting Cook's Lessee v. Carroll, 6 Md. 104, 112 (1854)). See also Johnson v. Johnson, 265 Md. 327, 331, 289 A.2d 318, 320 (1972) ("[A] final determination reached by a court having jurisdiction [cannot] be made the subject of collateral attack."); Dorsey v. Wroten, 35 Md.App. 359, 361, 370 A.2d 577, 579 (1977) ("A consent decree is entered under the eye and with the sanction of the court and should be considered a judicial act not open to question or controversy in a collateral proceeding.").
In support of their contention that the Circuit Court for Queen Anne's County has jurisdiction to entertain and decide Kent Island II, Respondents rely primarily, as did the Court of Special Appeals, on Sigurdsson v. Nodeen, 180 Md.App. 326, 950 A.2d 848 (2008), aff'd, 408 Md. 167, 968 A.2d 1075 (2009), and Nace v. Miller, 201 Md.App. 54, 28 A.3d 737 (2011), cert. denied, 424 Md. 56, 33 A.3d 982 (2011). This reliance, however, is misplaced. In Sigurdsson, the Court of Special Appeals considered, in part, whether the Circuit Court for Calvert County could modify properly a child custody order entered in the Circuit Court for Anne Arundel County. Because § 1-201 of the Family Law Article conferred jurisdiction over custody issues, including the power to modify and enforce orders, to both courts, the court determined that jurisdiction to modify existed in both of the forums. Sigurdsson, 180 Md.App. at 342, 345-46, 950 A.2d at 857, 859. Thus, the determination of which forum was proper rested on venue grounds. Id. at 346, 950 A.2d at 859. In Sigurdsson, jurisdiction to modify the custody order existed in both Calvert and Anne Arundel County by virtue of statutory authorization. See Md.Code, Family Law Article, § 1-201. In the present case, however, there is no such special statutory authority for the subject matter
Nace v. Miller, 201 Md.App. 54, 28 A.3d 737, is inapplicable for similar reasons. In Nace, the Circuit Court for Prince George's County decided, pursuant to a motion filed by the appellant, to transfer the case to the Circuit Court for Montgomery County. At issue was whether the law of the case doctrine
Respondents assert that Nace supports their proposition that "a judge of coordinate jurisdiction is free to adopt another judge's reasoning but is not bound to do so," thereby permitting impliedly the Circuit Court for Queen Anne's County to consider an attack on the validity of the Consent Order. Nace, however, considered whether the parties were free to relitigate (and a new judge to decide) an issue heard twice within the same case, and thus, between the same parties. Here, by contrast, Respondents were not parties to the original case, and seek to litigate the validity of a final judgment not within a continuation of Kent Island I, but rather in a collateral action. Thus, Nace is inapplicable and does not support the proposition that the Circuit Court for Queen Anne's County has jurisdiction to consider a challenge to Kent Island I.
Even assuming that the Circuit Court for Queen Anne's County had fundamental jurisdiction to hear Kent Island II, it may not grant the relief sought by Respondents. The authority of a circuit court to revise or modify a final judgment is limited — "once parties have had the opportunity to present before a court a matter for investigation and determination, and once the decision has been rendered and the litigants, if they so choose, have exhausted every means of reviewing it, the public policy of this State demands that there be an end to that litigation." Schwartz v. Merchants Mortg. Co., 272 Md. 305, 308, 322 A.2d 544, 546 (1974); see also Haskell v. Carey, 294 Md. 550, 558-59, 451 A.2d 658, 663 (1982). Thus, a final judgment entered by a circuit court may be reversed or vacated only on appeal or revised pursuant to Maryland Rule 2-535 or § 6-408 of the Courts and Judicial Proceedings Article. Office of People's Counsel v. Advance Mobilehome Corp., 75 Md.App. 39, 46-47, 540 A.2d 151, 155 (1988).
Maryland Rule 2-535 and § 6-408 of the Courts and Judicial Proceedings Article provide that, after thirty days have passed since the entry of a final judgment, a court
Moreover, the Circuit Court for Anne Arundel County is also not empowered to revise or modify the judgment entered in Kent Island I in the manner sought by Respondents. Respondents demonstrated no basis satisfying the criteria set forth in either Maryland Rule 2-535 or § 6-408 of the Courts and Judicial Proceedings Article. Read together, the provisions permit revision or modification of a final judgment only upon motion by a party to the proceeding asserting fraud, mistake, or irregularity. See Nechay, 347 Md. at 408, 701 A.2d at 411 (stating that Maryland Rule 2-535 and § 6-408 of the Courts and Judicial Proceedings Article were intended to be "read together, complementing or supplementing each other"). None of the Respondents, however, were a party in Kent Island I (nor did they seek to intervene in that litigation), nor did they ask (even if they could) the Circuit Court for Anne Arundel County to exercise its revisory power over the final judgment. Moreover, Respondents offer no support for their contention that a stranger to litigation, not involved in any way as a party, may file a suit later seeking to impeach the final judgment. Thus, on the record before us, Respondents cannot maintain an action seeking either Circuit Court, whether for Queen Anne's County or for Anne Arundel County, to exercise revisory power over the judgment in Kent Island I. The Court of Special Appeals should have dismissed the underlying action in Kent Island II, rather than engaging in a venue analysis. Accordingly, we reverse.