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CASH MONEY CARS, LLC v. CARMAX OF LAUREL, LLC, ET AL.

Appellant Cash Money Cars, LLC, and Bethesda Motors, LLC (“Bethesda Motors”) are not fond of each other. Appellant and Bethesda Motors were neighboring competitors in the Howard County used automobiles market.

Appellant filed its initial Complaint on April 6, 2012, against Bethesda Motors and its members, as well as against Bethesda Motors’ landlord, 9375 Washington Boulevard Holdings, LLC, and its sole member, Chad Bollweg (the “Bollweg appellees”), seeking relief for a variety of business torts.

Amidst this litigation between appellant and the Bollweg appellees, appellant sought discovery from an unrelated third party, CarMax of Laurel. CarMax vehemently opposed the discovery request as inappropriate and potentially harmful to its business.

Appellant seeks review of two separate decisions of the Circuit Court for Howard County. Appellant appeals from an order granting appellee’s, CarMax, Motion to Quash Subpoena and Request for Protective Order and Sanctions (“Motion to Quash”). Appellant further appeals from an order granting the Bollweg appellees’ Motion for Summary Judgment.

Appellant presents the following questions for our review, which we have consolidated and rephrased as follows:

I. Whether the circuit court erred in excluding the market intelligence report on hearsay and foundation grounds;

II. Whether the circuit court abused its discretion in granting the motion to quash;

III. Whether the circuit court abused its discretion in levying a sanction of attorney’s fees against appellant;

IV. Whether the circuit court erred in granting the Bollweg appellees’ motion for summary judgment on the counts of tortious interference with prospective economic advantage, private nuisance, civil conspiracy, and aider and abettor liability.

Read the unreported opinion.

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