Capobianco v. Gordon

Davidson, J., concurs with the result at page 672 mfm.

This matter originated with the filing of a medical malpractice action on September 29th, 1972. The appellee (defendant below) was summoned on October 3rd, 1972, and by virtue of Md. Rule 307 was required to plead to the declaration on or before November 21st, 1972. No plea was filed by or on behalf of appellee.

Appellant (plaintiff below) filed a motion for judgment by default on December 12th, 1972. Judgment was entered as prayed on that date by Judge Lester L. Barrett of the Circuit Court of Baltimore County.

Ob Marsh 12th, 1973, appellee…