91st Street Joint Venture v. Goldstein

In 91st Street Joint Venture v. Goldstein, 114 Md. App. 561, 691 A.2d 272 (1997), the Court considered whether the charging order at issue was enforceable as a final judgment. There, the charging order appointed a receiver for the purpose of effectuating a "transfer, assignment and/or conveyance" of the judgment debtor's interest in a joint venture. 114 Md. App. at 565. After noting that the transfer in question had to "take place pursuant to the rules governing judicial sales," id. at 577, the Court observed that the interest at issue was not only "subject to redemption" by the judgment debtor, but that any transfer of the interest was "subject to ratification by the trial court," id. at 575, and, furthermore, that the transfer "could also be challenged by the judgment debtor through the filing of exception s." Id. at 575-76. Because the transfer in 91st Street Joint Venture was "subject to challenge and review and was not final until ratified by the trial court," id. at 580, the charging order authorizing the transfer remained, the Court observed, "subject to revision at any time prior to the entry of a final judgment." Id. Consequently, the charging order "was not a final order which concluded the matter between the parties at the time it was issued by the court." Id. at 576.