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BALDINO’S LOCK & KEY SERVICE, INC., ET AL. v. YELLOWBOOK, INC

Yellowbook, Inc.  brought an action for breach of contract against Baldino’s Lock & Key Service, Inc. seeking to recover unpaid payments for advertising services, as well as contract-based late fees and contract-based attorneys’ fees. Baldino’s asserted a counterclaim. After a bench trial, the Circuit Court for Montgomery County ordered Baldino’s to pay Yellowbook a principal amount of $73,230.00 and rejected the counterclaim, but the court was silent as to Yellowbook’s contractual claims for late fees and attorneys’ fees.

Within ten days after the entry of that opinion and order, Yellowbook moved for entry of a final judgment that included the contract-based fees and costs. Baldino’s immediately filed a notice of appeal from the earlier opinion and order. The court proceeded to enter a final judgment in the amount of $138,767.75, which included awards of contract-based late fees and attorneys’ fees. Baldino’s took no appeal from the final judgment.

Because Baldino’s appealed prematurely, we must dismiss the appeal. See Md. Rule 8-202; Md. Rule 8-602(a)(3).

Read the unreported opinion.