O’KEEFE v. SCOTT, 198 Md. 310 (1951)

83 A.2d 860

O’KEEFE ET AL. v. SCOTT

[No. 2, October Term, 1951.]Court of Appeals of Maryland.
Decided October 31, 1951.

APPEAL — None from Sustention of Demurrer to Declaration — Final Judgment Necessary. An appeal from an order sustaining a demurrer to a declaration must be dismissed, since such an order is not a final judgment. pp. 310-311

M.S.F., Jr.

Decided October 31, 1951.

Appeal from the Circuit Court for Worcester County (JOHNSON, J.).

Action by Mary O’Keefe, a minor, by her father and next friend, Thomas O’Keefe, for the unauthorized publication of her photograph by Robert Scott, editor and publisher of “The Visitor.” From an order sustaining a demurrer, she appealed.

Appeal dismissed.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

Lionel Bennett and Edgar Paul Boyko for appellant.

John L. Sanford, Jr., for appellee.

HENDERSON, J., delivered the opinion of the Court.

This appeal is from “the order sustaining the demurrer and the judgment in this case”, in an action at law founded upon the unauthorized publication of a photograph of the plaintiff upon the cover of a visitors’ guide to Ocean City. But it appears from the docket entries in the transcript that no judgment was entered after

Page 311

the demurrer was sustained. The appeal is premature and must be dismissed. Ernst v. Keough, 197 Md. 554, 556, 80 A.2d 23, 24 Montgomery County Welfare Board v. Donnally, 195 Md. 442, 73 A.2d 505; Goodman v. Clark, 193 Md. 521, 69 A.2d 496; Penny v. Maryland State Police, 186 Md. 10, 45 A.2d 741.