0288/25•Akinnagbe, Jumoke v. Opesanmi
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*This is an unreported opinion. This opinion may not be cited as precedent within the rule of stare decisis. It may be cited for its persuasive value only if the citation conforms to Rule 1-104(a)(2)(B). Circuit Court for Howard County Case No. C-13-CV-22-000349 UNREPORTED* IN THE APPELLATE COURT OF MARYLAND No. 288 September Term, 2025 ______________________________________ JUMOKE AKINNAGBE v. TOYIN OPESANMI, et al. ______________________________________ Tang, Kehoe, S. Raker, Irma S. (Senior Judge, Specially Assigned), JJ. ______________________________________ Opinion by Tang, J. ______________________________________ Filed: October 9, 2026
‒Unreported Opinion‒ This appeal arises from a dispute between Jumoke Akinnagbe (“Ms. Akinnagbe”), the appellant, and Toyin Opesanmi (“Dr. Opesanmi”), the appellee, concerning membership interests in a company. Ms. Akinnagbe sued Dr. Opesanmi in the Circuit Court for Howard County. The operative complaint includes multiple plaintiffs and defendants and asserts eight counts. A jury trial was held on five counts, none of which resulted in a verdict in favor of Ms. Akinnagbe. The court later disposed of the three remaining equitable claims in favor of Dr. Opesanmi and the other defendants. On appeal, Ms. Akinnagbe, pro se, raises thirteen issues in her brief. 1 However, we do not address the merits of any because no final judgment has been entered. Lacking appellate jurisdiction, we must dismiss the appeal. 1 In her brief, Ms. Akinnagbe listed the following issues: 1. The Trial Court Erred by Allowing 7th (Alternate) Juror to Participate in Jury Deliberations. 2. The Trial Court erred by Admitting Defense Exhibit (Text Messages) Without Authentication, in Violation of Md. Rule 5-901 and Md. Rule 2-535(a) (b) (court may revise judgments for fraud, mistake, or irregularity)[.] 3. The Trial Court Erred by Admitting Defense Exhibit (Stage MMCC Application) Without Authentication, Which Contained Fraudulent and Prejudicial Material, Including Peace Order on Page 35. 4. The Trial Court Erred by Allowing Plaintiff’s Exhibit (Fraudulent March 1, 2020 Operating Agreement) Into Evidence, Where the Document Excluded Plaintiff’s Membership and Was Introduced by Plaintiff’s Own Counsel in Collusion With Defendants. 5. The Trial Court Improperly Excluded Plaintiff Akinnagbe from the Courtroom During Sidebar Discussions of Exhibits, Violating Her Due Process Rights. (continued)
–Unreported Opinion– 2 BACKGROUND This case concerns a dispute over membership interests in Marileaves Extractions, LLC, a cannabis processing venture. Ms. Akinnagbe and the other plaintiffs alleged that they owned, managed, and operated the company. They sought monetary damages against Dr. Opesanmi, accusing her of attempting to seize control and ownership of the business, as well as against other defendants. Additionally, the plaintiffs sought declaratory judgment and injunctive relief to confirm their positions and interests in the company. 6. The Trial Court Erred by Admitting Defense Exhibits 2-4 En Masse Without Proper Authentication. 7. The Trial Court Permitted False Testimony by Defendants Opesanmi and Ekeh, Constituting Fraud Upon the Court. 8. The Trial Court Erred by Allowing Defense Counsel to Misstate Maryland Law on Fiduciary Duty to the Jury. 9. The Trial Court Erred by Failing to Instruct the Jury That Oral Agreements Are Binding Under Maryland Law. 10. The Trial Court Engaged in Improper Ex Parte Communication With Defense Counsel [] Regarding COMAR Regulations. 11. The Trial Court Erred by Failing to Rule on Plaintiff’s Motion to Set Aside Verdicts and for New Trial Filed March 18, 2025, Before Rendering Judgment on Remaining Counts. 12. The Trial Court Erred by Failing to Rule on Plaintiff’s Second Motion to Set Aside Verdicts and for Declaratory Judgment Filed March 27, 2025, Before Rendering Judgment on Remaining Counts. 13. The Trial Court Erred by Allowing Defendants to Repudiate Plaintiff’s Ownership Despite Years of Acceptance of Her Leadership and Contributions, Requiring Application of [Equitable] Estoppel and [Unjust] Enrichment[.]
–Unreported Opinion– 3 Parties and Claims in the Operative Complaint Ms. Akinnagbe and the other plaintiffs filed a second amended complaint on June 28, 2023, which became the operative complaint. It named four plaintiffs: Ms. Akinnagbe, James Ladd, Oluwafemisayo Akinnagbe, and Damilola Akinnagbe. The operative complaint named 16 defendants: • Dr. Opesanmi; • Kehinde Ekeh, Haddijatou Ogunsola, Temitope Gbolagun, Akinbiyi Opesanmi, Grace Obebe, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Adesiji Gbade-Aladi, Moses Alade, Babatunde Ojo, Roberto Calderon a/k/a Roberto Calderone, and Cecil Clarke (collectively, “Defendant Members”); and • Marileaves Extractions, LLC. The operative complaint consisted of eight counts: Count For By Against I Fraud in the Inducement All Plaintiffs Dr. Opesanmi II Breach of Fiduciary Duty All Plaintiffs Dr. Opesanmi and Defendant Members III Conversion All Plaintiffs Dr. Opesanmi and Defendant Members IV Fraudulent Conveyance All Plaintiffs Dr. Opesanmi and Defendant Members V Civil Conspiracy All Plaintiffs Dr. Opesanmi and Defendant Members VI Accounting All Plaintiffs All Defendants VII Declaratory Judgment All Plaintiffs All Defendants VIII Temporary Restraining Order and Preliminary and Permanent Injunctive Relief All Plaintiffs All Defendants On April 26, 2024, the plaintiffs and defendant Haddijatou Ogunsola filed a stipulation of dismissal with prejudice as to all claims against this defendant. However, no order was subsequently entered to dismiss this defendant.
–Unreported Opinion– 4 Disposition of Claims By and Against Parties During Jury Trial A multi-day jury trial was scheduled to begin on February 10, 2025. During a pre- trial conference in December 2024, counsel and the court discussed trial logistics. The court ordered that Counts I through V would be decided by the jury, except for the relief sought under Count I, which the court would decide because no monetary damages were requested for that count. The court would decide the equitable claims under Counts VI through VIII after the jury trial. The court noted that several Defendant Members were unrepresented and not ready for trial, either due to lack of proof of service or because the plaintiffs had not timely requested orders of default. The court directed plaintiffs’ counsel to clarify whether the plaintiffs intended to pursue claims against these defendants. Plaintiffs’ counsel indicated that the plaintiffs would proceed with Count I against Dr. Opesanmi. Regarding Counts II through V, counsel confirmed that the plaintiffs would move forward at trial against eight remaining defendants: Dr. Opesanmi, Kehinde Ekeh, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke. Consequently, on January 16, 2025, the court entered an order, with agreement of counsel, dismissing six defendants: Temitope Gbolagun, Akinbiyi Opesanmi, Grace Obebe, Adesiji Gbade-Aladi, Babatunde Ojo, and Roberto Calderon. The dismissal was reflected in the docket entries. On February 7, 2025, plaintiffs’ counsel filed a stipulation of dismissal as to defendant Kehinde Ekeh. However, no order was subsequently entered to dismiss this defendant.
–Unreported Opinion– 5 On February 10, 2025, the first day of trial, plaintiff Oluwafemisayo Akinnagbe failed to appear. As a result, the court dismissed this plaintiff from the case. The court entered an order to that effect and recorded the dismissal in the docket on the same day. The court proceeded with the jury trial on Counts I through V involving the following parties: Count For By Against I Fraud in the Inducement Ms. Akinnagbe, James Ladd, and Damilola Akinnagbe Dr. Opesanmi II Breach of Fiduciary Duty Ms. Akinnagbe, James Ladd, and Damilola Akinnagbe Dr. Opesanmi, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke III Conversion Ms. Akinnagbe, James Ladd, and Damilola Akinnagbe Dr. Opesanmi, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke IV Fraudulent Conveyance Ms. Akinnagbe, James Ladd, and Damilola Akinnagbe Dr. Opesanmi, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke V Civil Conspiracy Ms. Akinnagbe, James Ladd, and Damilola Akinnagbe Dr. Opesanmi, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke On the fourth day of trial, February 14, 2025, after the remaining plaintiffs rested their case, several defendants moved for judgment. Following arguments, the court granted the motion in favor of all defendants on Count IV. The court also granted the motion as to the above counts asserted by plaintiff Damilola Akinnagbe. Thus, the court proceeded with the defense’s presentation of the case on Counts I through III and V, involving the following parties:
–Unreported Opinion– 6 Count For By Against I Fraud in the Inducement Ms. Akinnagbe and James Ladd Dr. Opesanmi II Breach of Fiduciary Duty Ms. Akinnagbe and James Ladd Dr. Opesanmi, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke III Conversion Ms. Akinnagbe and James Ladd Dr. Opesanmi, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke V Civil Conspiracy Ms. Akinnagbe and James Ladd Dr. Opesanmi, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke At the end of the fourth day of trial, the defense rested. Several defendants then renewed their motion for judgment. After hearing arguments, the court granted judgment in favor of the remaining defendants as to claims asserted by plaintiff James Ladd. It granted the motion in favor of the defendants, except Dr. Opesanmi, as to these counts asserted by Ms. Akinnagbe. The court granted the motion in favor of the defendants, including Dr. Opesanmi, on Count V. The court denied the motion with respect to Ms. Akinnagbe’s claims against defendant Dr. Opesanmi under Counts I through III. Consequently, the court proceeded to have the jury decide Ms. Akinnagbe’s claims under Counts I through III against Dr. Opesanmi, as follows: Count For By Against I Fraud in the Inducement Ms. Akinnagbe Dr. Opesanmi II Breach of Fiduciary Duty Ms. Akinnagbe Dr. Opesanmi III Conversion Ms. Akinnagbe Dr. Opesanmi The jury began deliberations on February 18, 2025 and later that day returned a verdict finding Dr. Opesanmi not liable on Counts I through III. The court stated it would
–Unreported Opinion– 7 prepare an order reflecting the rulings on the motions for judgment on February 14. The court also indicated that it would address the equitable claims under Counts VI through VIII later and noted that the defendants dismissed during the jury trial on Counts II through V remained parties to Counts VI through VIII. The same day, February 18, the court issued an order memorializing its rulings on the motions for judgment on February 14. The order, which was entered February 20, read: This matter having come before the Court on February 14, 2025, for a merits hearing, wherein at the close of Plaintiff’s case in chief, and at the close of evidence, Defendants moved for judgment pursuant to Maryland Rule 2-519 and this Court granted the motion as to certain counts on the record. Accordingly, it is this 18th day of February, 2025, by the Circuit Court for Howard County, Maryland, ORDERED, that as to Count II judgment is GRANTED to all Defendants except Defendant Toyin Opensanmi; and it is further, ORDERED, that as to Count III judgment is GRANTED to all Defendants except Defendant Toyin Opensanmi; and it is further, ORDERED, that as to Count IV judgment is GRANTED to all Defendants; and it is ORDERED, that as to Count V judgment is GRANTED to all Defendants. Post-Verdict Disposition of Equitable Claims After the jury trial, Ms. Akinnagbe decided to proceed with Counts VI and VII but chose not to pursue Count VIII. She also filed post-trial motions seeking to set aside the verdict and amend the judgment, among other requests. The court scheduled a hearing for April 7, 2025 to address the post-trial motions and resolve Counts VI and VII. Following the hearing, the court entered a memorandum and order. In the order, the court entered judgment on the jury’s verdict in favor of Dr. Opesanmi on Ms. Akinnagbe’s
–Unreported Opinion– 8 claims under Counts I through III. It dismissed Counts VI through VIII and entered judgment in favor of “the Defendants” on those counts. In addition, the court denied Ms. Akinnagbe’s post-trial motions. The court’s memorandum opinion and order were reflected in the docket on April 7, 2025. On April 8, 2025, Ms. Akinnagbe filed a notice of appeal. 2 DISCUSSION This Court has jurisdiction over an appeal only when it is taken from a final judgment or is otherwise permitted by law. See Addison v. Lochearn Nursing Home, LLC, 411 Md. 251, 273–74 (2009). A final judgment is one that “disposes of all claims against all parties and concludes the case.” In re Donald Edwin Williams Revocable Tr., 234 Md. App. 472, 490 (2017). Maryland Rule 2-601(a) provides that a judgment must be set forth on a separate document. It states in relevant part: (1) Each judgment shall be set forth on a separate document and should include a statement of an allowance of costs as determined in conformance with Rule 2-603. (2) Upon a verdict of a jury or a decision by the court allowing recovery only of costs or a specified amount of money or denying all relief, the clerk shall forthwith prepare, sign, and enter the judgment, unless the court orders otherwise. (3) Upon a verdict of a jury or a decision by the court granting other relief, the court shall promptly review the form of the judgment presented and, if approved, sign it, and the clerk shall forthwith enter the judgment as approved and signed. 2 On April 29, 2025, Ms. Akinnagbe filed an amended notice of appeal which included Francisco Ward and additional counsel to the certificate of service.
–Unreported Opinion– 9 (4) A judgment is effective only when so set forth and when entered as provided in section (b) of this Rule. . . . Subsection (b) of Rule 2-601 provides, in relevant part, that “[t]he clerk shall enter a judgment by making an entry of it on the docket of the electronic case management system used by that court along with such description of the judgment as the clerk deems appropriate.” Md. Rule 2-601(b)(2). Maryland Rule 2-602(a) makes clear that a judgment that does not dispose of all claims by and against all parties is not a final judgment. Specifically, it provides: (a) Generally. Except as provided in section (b) of this Rule, an order or other form of decision, however designated, that adjudicates fewer than all of the claims in an action (whether raised by original claim, counterclaim, cross-claim, or third-party claim), or that adjudicates less than an entire claim, or that adjudicates the rights and liabilities of fewer than all the parties to the action: (1) is not a final judgment; (2) does not terminate the action as to any of the claims or any of the parties; and (3) is subject to revision at any time before the entry of a judgment that adjudicates all of the claims by and against all of the parties. Md. Rule 2-602(e) (emphases added). “An order that is not a final judgment is an interlocutory order and ordinarily is not appealable[.]” Nnoli v. Nnoli, 389 Md. 315, 324 (2005). “An interlocutory order may be appealed, however, if an immediate appeal is authorized by a statute, if it falls within the collateral order doctrine, or if the circuit court directs the entry of a final judgment pursuant to Maryland Rule 2-602.” Bartenfelder v. Bartenfelder, 248 Md. App. 213, 230 (2020) (footnote omitted). None of these exceptions apply in this case.
–Unreported Opinion– 10 Maryland Rule 8-602(b)(1) provides that the appellate court “shall dismiss an appeal if . . . the appeal is not allowed by these Rules or other law.” “Because the absence of a final judgment may deprive a court of appellate jurisdiction, we can raise the issue of finality on our own motion.” Zilichikhis v. Montgomery Cnty., 223 Md. App. 158, 172 (2015). Here, there is no final judgment. We explain. A. Plaintiffs Damilola Akinnagbe and James Ladd The court’s February 18 order, which addresses the court’s February 14 rulings on the motions for judgment, does not capture all aspects of those rulings. As explained, on February 14, the court orally granted judgment in favor of the trial defendants on counts asserted by plaintiffs Damilola Akinnagbe and James Ladd who were part of the jury trial—Counts I through V. However, the February 18 order does not address the claims asserted by these plaintiffs on any of these counts; its introductory section refers only to the “Plaintiff’s” case in the singular, meaning Ms. Akinnagbe, and does not mention plaintiffs Damilola Akinnagbe and James Ladd’s claims. Nor does the April 7 order close this gap. While the April 7 order enters judgment on the verdict in Dr. Opesanmi’s favor as to Ms. Akinnagbe’s claims under Counts I through III, it does not adjudicate the claims of plaintiffs Damilola Akinnagbe and James Ladd under these counts, nor does it address their claims under Counts IV and V. Furthermore, no docket entry reflects any adjudication of these plaintiffs’ claims. Because no order adjudicates all claims by all parties, there is no final judgment. See Doe v.
–Unreported Opinion– 11 Sovereign Grace Ministries, Inc., 217 Md. App. 650, 661 (2014) (order that adjudicated claims of two out of eleven plaintiffs was not a final judgment). B. Defendants Haddijatou Ogunsola and Kehinde Ekeh Separately, the court did not enter an order dismissing defendants Haddijatou Ogunsola and Kehinde Ekeh, for whom stipulations of dismissal were filed before trial but no court order was entered. A voluntary dismissal by stipulation is not an order of court and therefore does not constitute a judgment. Hiob v. Progressive Am. Ins. Co., 440 Md. 466, 488 (2014). Neither the February 18 order nor the April 7 order constitutes an order that adjudicated the claims against these defendants. Although the February 18 order refers to “all Defendants” without naming them specifically, its introductory section clearly references the court’s rulings on the motions for judgment made during the jury trial. The reference to “all Defendants” appears to apply only to those defendants who were tried before the jury: Dr. Opesanmi, Francisco Ward, Hayden Gross, Omotoyo Awotunda, Denise Vidot, Moses Alade, and Cecil Clarke; not Haddijatou Ogunsola and Kehinde Ekeh, for whom stipulations of dismissal were filed before trial and who were understood by the parties and the court not to be part of the jury trial. Similarly, the April 7 order adjudicates only the jury’s verdict on Ms. Akinnagbe’s claims against Dr. Opesanmi under Counts I through III, as well as Counts VI through VIII in favor of “the Defendants” without naming them specifically. Although the order refers to “the Defendants,” the court’s comment at the conclusion of the jury trial—that the
–Unreported Opinion– 12 defendants dismissed during the jury trial on Counts II through V remained parties to Counts VI through VIII—indicates that both the parties and the court understood the adjudication of Counts VI through VIII to apply only to the defendants who were tried before the jury. Because the claims against defendants Haddijatou Ogunsola and Kehinde Ekeh were not adjudicated, there is no final judgment. See Quartertime Video & Vending Corp. v. Hanna, 321 Md. 59, 65 (1990) (order that adjudicated rights and liabilities of one out of three defendants was “not final and remained subject to revision at any time prior to the entry of an order adjudicating the claims of all of the parties to the action”). Even if the February 18 and April 7 orders are broadly interpreted to include defendants Haddijatou Ogunsola and Kehinde Ekeh, they still fail to adjudicate all claims asserted by plaintiffs Damilola Akinnagbe and James Ladd for the reasons stated earlier. Because final and appealable judgment has not been entered in this matter, we are without authority to entertain this appeal. See Taha v. S. Mgmt. Corp., 367 Md. 564, 571 (2002). Once a final judgment has been entered as to all claims and all parties, an appeal may be noted in compliance with the Rules. 3 APPEAL DISMISSED. COSTS TO BE PAID BY APPELLANT. 3 Ms. Akinnagbe filed two motions that are pending before this Court. On August 17, 2026, she filed a “Motion to Notify the Court of Newly Discovered Settlement and Release Agreement, to Permit Limited Consideration of the Agreement, and for Other Appropriate Relief.” On August 28, 2026, she filed a “Motion to Require Clarification of the Status and Representation of Appellee Omotoyo Awotunde and to Require Confirmation of Counsel’s Authority to Represent Him.” The appellees filed responses to these motions on August 24 and October 2, respectively. Because we are dismissing this appeal, we deny the motions as moot.
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