EQUITY — Order Sustaining Demurrers to Whole Bill, Without Leave to Amend, Is Final. An order sustaining demurrers to a whole bill of complaint, without leave to amend, is a final order. p. 77
REHEARINGS — Filing of Motion for, Did Not Rescind Final Order, or Stay or Suspend Its Operation. The filing of a motion for rehearing did not operate to rescind a final order sustaining demurrers to a whole bill of complaint, or to stay or to suspend the operation of the order. p. 77
APPEAL — Not Taken Within Thirty Days — Dismissed. An appeal not taken within thirty days after a final order must be dismissed. Rules of Court of Appeals (1955 Ed.), Rule 5. p. 77
J.E.B.
Decided, per curiam, May 4, 1956.
PER CURIAM.
The appellees have filed a motion to dismiss the appeal because the appeal was not filed within the time prescribed by law and upon another ground. We deem it unnecessary to consider the second ground, since the Court is unanimously of the opinion that the appeal must be dismissed for failure to appeal within thirty days after a final order.
The appellants filed a bill in equity to which the appellees demurred, and their demurrers were sustained to the whole bill, without leave to amend, on October 24, 1955. The appellants filed a motion for rehearing on November 9, 1955, which was denied on January 6, 1956. The appeal in this case was entered on January 26, 1956.
The order of October 24, 1955, was a final order. Miller, Equity Procedure, Sec. 136; Young v. Cockman, 182 Md. 246, 34 A.2d 428, and cases therein cited; Columbian Carbon Co. v. Kight, 207 Md. 203, 114 A.2d 28. The filing of a motion for rehearing did not operate to rescind the order of October 24th or to stay or suspend its operation. See Hancock v. Stull, 199 Md. 434, 437, 86 A.2d 734.
The appeal was not taken within thirty days from October 24, 1955, and must be dismissed. Rule 5 of our Rules and Regulations Respecting Appeals.
Appeal dismissed, with costs.