Shoemaker v. Smith

WILNER, Judge.

The immediate issue before us is a procedural one—whether the Court of Special Appeals erred in dismissing petitioners’ appeal from an interlocutory order denying their motion for summary judgment, upon a finding that the appeal did not fall within the collateral order doctrine. The motion for summary judgment was based on a claim of immunity under the Maryland Tort Claims Act (Maryland Code, § 12-105 of the State Government Article and § 5-522 of the Courts and Judicial Proceedings Article), and, to resolve the procedural issue, we need to determine the standard of “malice” for…