Higgins v. Barnes

McAULIFFE, Judge.

The merger of law and equity was accomplished in this State on July 1, 1984, as a part of a comprehensive revision of the Maryland Rules of Procedure. This appeal involves the impact of that change upon the right to jury trial, and specifically the question of whether one filing a counterclaim for damages in a specific performance action may obtain a jury trial of the issues presented by the counterclaim. We shall hold that under the facts of this case the demand for jury trial on those issues should have been granted. We shall also decide two additional questions posited by…