Motions To Revise An Enrolled Judgment Under Rule 2-535(B)

• Jurisdiction: Maryland

D. [§ 20] Motions to Revise an Enrolled Judgment Under Rule 2-535(b)

Under Rule 2-535(a), a circuit court has essentially "unrestricted discretion" to revise a judgment on a motion filed within 30 days after the entry of judgment. See, e.g., Platt v. Platt, 302 Md. 9, 13 (1984) (quoting Md. Lumber Co. v. Savoy Constr. Co., 286 Md. 98, 102 (1979)). Ordinarily, an order setting aside an unenrolled judgment under Rule 2-535(a) "does not finally adjudicate anything, and is therefore not appealable." Stuples v. Balt. City Police Dep't, 119 Md. App. 221, 243 (1998) (quoting Scheve v. McPherson, 44 Md. App. 398, 403 (1979)). After 30 days, however, the judgment becomes "enrolled." A judgment is said to become "enrolled" if the losing party does not ask the trial court to amend or revise the judgment within 30 days and does not note an appeal. A judgment is also said to become enrolled if the losing party attempts but fails to persuade a trial court, an appellate court, or both to set aside the judgment.

A party acquires a "substantial right" when a judgment in his or her favor becomes enrolled. Williams v. Snyder, 221 Md. 262, 268 (1959). Once a judgment has become enrolled, a circuit court can...