Category: Court of Appeals Opinions

192 A.2d 484 SUPERVISOR OF ASSESSMENTS FOR MONTGOMERY COUNTY v. ALSOP [No. 348, September Term, 1962.]Court of Appeals of Maryland. Decided June 28, 1963. TAXATION — Land Actively Devoted To Farm Or Agricultural Use To Be Assessed Upon Basis Of Such Use, And Not As If Subdivided — Land In This Case Held Actively Devoted […]

873 A.2d 1122 Mieczyslaw BIENKOWSKI v. Jonathan Paul BROOKS. No. 34, September Term, 2003.Court of Appeals of Maryland. April 11, 2005. Reconsideration Denied June 7, 2005. Appeal from the Circuit Court, Anne Arundel County, Robert H. Heller, J. Page 517 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

69 A.2d 51 FISCHER v. FISCHER [No. 2, October Term, 1949.]Court of Appeals of Maryland. Decided November 9, 1949. Divorce — Abandonment — Consent — Chancellor Might Find, on Evidence — Statutory Construction — Construction Established by Statute — Subsequent Rule Adopts unless It Disclaims — Appeals Rule 5 — Period of Appeal Ending Sunday […]

299 A.2d 788 NATIONWIDE MUTUAL INSURANCE COMPANY v. SCHAVER, ADM’R OF THE ESTATE OF EDWIN J. SCHAVER [No. 161, September Term, 1972.]Court of Appeals of Maryland. Decided February 8, 1973. AUTOMOBILES — INSURANCE — An Automobile Shell Or Body With No Motor, Transmission Or Electrical Wiring Cannot Be Operated Upon The Highways And Is Not […]

29 A.2d 271 MURRAY MacNABB v. HELEN EDITH SHERIDAN [No. 24, October Term, 1942.]Court of Appeals of Maryland. Decided December 7, 1942. Appeal — Trustee — Right to Appeal. A trustee appointed by a court to sell realty and distribute the proceeds in accordance with the auditor’s accounts, when ratified by the court, has no […]

903 A.2d 417 JOHN H. TAYLOR v. STATE. Pet. Docket No. 133.Court of Appeals of Maryland. Denied July 28, 2006. Post Conviction, No. 1552, Sept. Term 2005, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

485 A.2d 254 THE MACKE COMPANY ET AL. v. COMPTROLLER OF THE TREASURY. No. 24, September Term, 1984.Court of Appeals of Maryland. December 26, 1984. Page 19 Appeal from the Circuit Court, Baltimore City, Joseph Pines, J. [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

888 A.2d 341 BALTIMORE v. WHALEN. Pet. Docket No. 400.Court of Appeals of Maryland. Granted December 19, 2005. Reported below: 164 Md.App. 292, 883 A.2d 228. Petition for writ of certiorari granted.

929 A.2d 889 Kelley, Robert Leon Jr. v. State. No. Pet. Docket No. 145.Court of Appeals of Maryland. Granted August 22, 2007. Appeal from the Opinion of the Court of Special Appeals unreported (No. 1564, Sept. Term 2005). Petitions for Writ of Certiorari and Dismissals of Appeals granted.

374 A.2d 1152 MAYOR AND CITY COUNCIL OF BALTIMORE v. IZAK BLIBAUM ET AL. [No. 152, September Term, 1976.]Court of Appeals of Maryland. Decided July 14, 1977. INSURANCE — SUBROGATION — Rights Under “Riot Statute” — Insurer Of Property Which Has Been Damaged, Destroyed Or Removed As Consequence Of Riot May Be Subrogated To Rights […]

255 A.2d 393 KLEIMAN, ET AL. v. MONO OF MARYLAND, INC. [No. 325, September Term, 1968.]Court of Appeals of Maryland. Decided July 3, 1969. LANDLORD AND TENANT — Lease — Notice — Duty To Inspect — Where Lease, Drafted By Landlords, Provides That Landlords Would Keep Water And Heating Pipes In Good Order And Expressly […]

104 A.2d 590 SMITH v. HERCULES COMPANY ET AL. [No. 116, October Term, 1953.]Court of Appeals of Maryland. Decided April 28, 1954. NEGLIGENCE — in Installing Clamps To Hold Battens In A Ship — Evidence Held Insufficient To Show Negligence By Installer, Ship Ceiling Company Which Employed Installer or Owner of Ship. It was held […]

626 A.2d 370 ISRAEL ALTHONIE KOGER v. STATE September Term, 1993Court of Appeals of Maryland. Decided June 24, 1993 Pet. Docket No. 28 — denied. Opinion (No. 715, 1992 Term, Court of Special Appeals) unreported.

621 A.2d 896 KARL L. BROOKS v. STATE September Term, 1992Court of Appeals of Maryland. Decided March 25, 1993 Pet. Docket No. 644 — denied. Post Conviction (No. 23, 1992 Term, Court of Special Appeals) unreported.

516 A.2d 567 CARDELLINO v. COMPTROLLER September Term, 1986Court of Appeals of Maryland. Decided November 5, 1986 Pet. Docket No. 318 — denied. Judge Adkins did not participate in the consideration of this petition.

671 A.2d 20 HAROLD G. MILLS v. STATE September Term 1995Court of Appeals of Maryland. Decided February 7, 1996 Pet. Docket No. 564 — denied. Opinion (No. 116, 1995 Term, Court of Special Appeals) unreported.

97 A.2d 313 DOMESKI v. ATLANTIC REFINING COMPANY [No. 168, October Term, 1952.]Court of Appeals of Maryland. Decided June 12, 1953. NEGLIGENCE — When Question of, Should Be Submitted to Jury. In automobile accident cases, as in other actions for damages, where there is a conflict of evidence as to material facts or more than […]

750 A.2d 10 JOSEPH BENIK, ET AL. v. BRANDON HATCHER, A MINOR, ET AL. No. 20, September Term, 1998.Court of Appeals of Maryland. April 19, 2000. Appeal from Circuit Court for Baltimore City. Page 508 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

583 A.2d 249 STAMBAUGH v. CHILD SUPPORT ENFORCEMENT ADMIN. September Term, 1990Court of Appeals of Maryland. Decided December 28, 1990 Granted on Motion of this Court. Pending in the Court of Special Appeals (No. 1226, 1990 Term).

35 A.2d 143 PLEASANT M. MESSICK ET AL. v. RHODA HARDMAN PENNELL ET AL. [No. 61, October Term, 1943.]Court of Appeals of Maryland. Decided December 15, 1943. Trusts — Express Trust in Realty — Statute of Frauds — Deed — Delivery — Confidential Relationship — Evidence. In suit to set aside deed of realty, absolute […]

483 A.2d 38 SVANHOLM v. MAYOR OF ROCKVILLE September Term, 1984Court of Appeals of Maryland. Decided October 31, 1984 Pet. Docket No. 371 — denied. (No. DCA-1154, Circuit Court for Montgomery County).

441 A.2d 343 KEVIN M. TROTTA v. COUNTY CAR CENTER, INCORPORATED ET AL. [No. 77, September Term, 1981.]Court of Appeals of Maryland. Decided February 23, 1982. WORKMEN’S COMPENSATION — STATUTES — Construction Of — Although Statutes In Derogation Of The Common Law Generally Are To Be Strictly Construed, Article 101, § 63 Specifically Provides That […]

246 A.2d 591 B.F. SAUL COMPANY, ET AL. v. WEST END PARK NORTH, INC., ET AL. [No. 189 (Adv.), September Term, 1968.]Court of Appeals of Maryland. Decided October 2, 1968. DECLARATORY JUDGMENTS — Interest And Usury Law — Justiciable Controversy — Question Of Usury As To Corporate Parties May Be Moot However Valid Questions Presented […]

959 A.2d 794 Reid v. Capital Remodeling. No. Pet. Docket No. 361.Court of Appeals of Maryland. Denied November 12, 2008. (No. 7464, Circuit Court for Montgomery County). Petitions for Writ of Certiorari. denied.

100 A.2d 23 SCHWARTZMAN ET AL. v. PAYNE [No. 27, October Term, 1953.]Court of Appeals of Maryland. Decided November 13, 1953. ACCOUNTING — Suit for — Referring Case to Auditor Before Court Reads Testimony and Hears Arguments Thereon Not Improper. In a suit for an accounting, it is not improper for the chancellor to refer […]

465 A.2d 1141 ELISHA LOVELLETTE, JR. v. MAYOR AND CITY COUNCIL OF BALTIMORE AND SUBSEQUENT INJURY FUND [No. 128, September Term, 1982.]Court of Appeals of Maryland. Decided September 28, 1983. WORKMEN’S COMPENSATION — The Workmen’s Compensation Act Encompasses Two Categories Of Compensable Events: Accidental Personal Injury Arising Out Of And In The Course Of Employment, […]

872 A.2d 47 ERIC ROSE v. STATE. Pet. Docket No. 471.Court of Appeals of Maryland. Denied April 8, 2005. No. 1391, Sept. Term 2003, opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

526 A.2d 953 KUYKENDALL v. TOP NOTCH LAMINATES, INC. September Term, 1987Court of Appeals of Maryland. Decided June 18, 1987 Pet. Docket No. 43 — denied.

55 A.2d 839 HENRY BUTTION v. MARIE BUTTION [No. 31, October Term, 1947.]Court of Appeals of Maryland. Decided November 14, 1947. Husband and Wife — Divorce — Abandonment and Desertion — Husband’s Offer to Provide a Separate Domicile — Good Faith — Burden of Proof. Wherever the husband changes the family domicile, it becomes the […]

518 A.2d 732 BOARD OF EDUC. OF CHARLES COUNTY v. DAVIS CORP. September Term, 1986Court of Appeals of Maryland. Decided January 2, 1987 Pet. Docket No. 466 — denied. Pending in Court of Special Appeals (PHC No. 774, 1986 Term).

223 A.2d 615 TAUBER AND GOULD, TRUSTEES v. MONTGOMERY COUNTY COUNCIL, ET AL. [No. 476, September Term, 1965.]Court of Appeals of Maryland. Decided November 10, 1966. ZONING — Montgomery County — Application To Rezone Land From R-60 To R-H “Floating Zone” — Denial Of, Upheld Where Issue Of Compatibility To Existing Zoning Was Fairly Debatable. […]

872 A.2d 47 CORDELL OSCAR JACKSON v. STATE. Pet. Docket No. 584.Court of Appeals of Maryland. Denied April 8, 2005. No. 262, Sept. Term 2004, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

381 A.2d 16 GENERAL MOTORS CORPORATION v. ROY J. PISKOR [No. 64, September Term, 1977.]Court of Appeals of Maryland. Decided December 23, 1977. JUDGMENTS — RES JUDICATA — Final Judgment On Merits Bars Relitigating Not Only Those Matters Actually Decided In Prior Case, But Also Those Which Could Have Been Litigated In Prior Adjudication — […]

592 A.2d 505 JENKINS v. KARLTON September Term, 1991Court of Appeals of Maryland. Decided July 22, 1991 Pet. Docket No. 141 — granted.

628 A.2d 185 EDWARD JOHN SKEENS v. HELEN MARTHA MILLER. No. 61, September Term, 1992.Court of Appeals of Maryland. July 27, 1993. Appeal from the Circuit Court, Prince George’s County, Larnzell Martin, Jr., J. Page 332 Edward John Skeens, Suitland, on brief, for petitioner. Raymond M. Hertz, Greenbelt, on brief, for respondent. Page 333 Argued […]

516 A.2d 569 SEIGEL v. JACOBS September Term, 1986Court of Appeals of Maryland. Decided November 5, 1986 Pet. Docket No. 378 — denied. (DCA-86CG2038, Circuit Court for Baltimore County). Page 599

55 A.2d 705 FRED H. UGAST, ET AL. v. JAMES A. LaFONTAINE, ET AL. [No. 6, October Term, 1947.]Court of Appeals of Maryland. Decided November 13, 1947. Actions at Law — Pleading and Practice — Motion Ne Recipiatur — Res Judicata. A motion ne recipiatur may be filed by plaintiff, if defendant’s pleas were filed […]

550 A.2d 1168 TROY MILLER v. STATE September Term, 1988Court of Appeals of Maryland. Decided December 21, 1988 Pet. Docket No. 397 — denied. Opinion (No. 112, 1988 Term, Court of Special Appeals) unreported.

340 A.2d 236 PRINCE GEORGE’S COUNTY, MARYLAND v. WHITE ET AL. [No. 196, September Term, 1974.]Court of Appeals of Maryland. Decided June 26, 1975. Motion for rehearing filed July 16, 1975; denied August 1, 1975. STATUTES — Construction — All Parts Of A Statute Must Be Read Together To Find The Intention Of The Legislature […]

674 A.2d 513 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES v. RANDOLPH B. BERG No. 120, September Term, 1994.Court of Appeals of Maryland. April 9, 1996. Appeal from the Circuit Court, Carroll County, Raymond E. Beck, J. Page 127 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

206 A.2d 708 BONNER v. DIRECTOR OF PATUXENT INSTITUTION [App. No. 91, September Term, 1964.]Court of Appeals of Maryland. Decided February 5, 1965. POST CONVICTION PROCEDURE ACT — Where Applicant Entered Not Guilty Plea At Preliminary Hearing, It Was Not Such Critical Stage Of Proceeding As To Require Counsel. p. 446 POST CONVICTION PROCEDURE ACT […]

695 A.2d 1227 ITSON v. ITSON September Term 1996Court of Appeals of Maryland. Denied June 27, 1997 Pet. Docket No. 109 — denied. Dismissed by the Court of Special Appeals (No. 715, 1996 Term).

903 A.2d 857 Robert M. RICKETTS, Jr. v. Mary C. RICKETTS. No. 136, September Term, 2003.Court of Appeals of Maryland. July 28, 2006. Appeal from the Circuit Court, Carroll County, Michael M. Galloway, J. Page 480 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

133 A.2d 433 KIMBALL-TYLER COMPANY ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. (Two Appeals in One Record) [Nos. 18-19, September Term, 1957 (Adv.).]Court of Appeals of Maryland. Decided June 24, 1957. BALTIMORE CITY — Manufacturers’ Tax Exemption — General Assembly Could Delegate to City Power to Enact Ordinance Repealing — Annexation […]

339 A.2d 289 STATE OF MARYLAND v. JOSEPH JOHNSON [No. 238, September Term, 1974.]Court of Appeals of Maryland. Decided June 25, 1975. [See opinion 23 Md. App. 131]. Certiorari to the Court of Special Appeals of Maryland. (Criminal Court of Baltimore, Prendergast and Sklar, JJ.) Joseph Johnson’s conviction of first degree murder was reversed by […]

506 A.2d 254 IN RE RUSSELL P. September Term, 1985Court of Appeals of Maryland. Decided April 1, 1986 Pet. Docket No. 602 — granted. Opinion (No. 532, 1985 Term, Court of Special Appeals) unreported.

369 A.2d 558 SUPERINTENDENT, MARYLAND STATE POLICE ET AL. v. STUART L. HENSCHEN [No. 123, September Term, 1976.]Court of Appeals of Maryland. Decided February 22, 1977. PUBLIC INFORMATION — Under The Public Information Act Any Person Shall Be Allowed The Right Of Inspection Of Any Public Records Except As Provided In The Act — The […]

677 A.2d 1077 IN THE MATTER OF THE APPLICATION OF ANTHONY STEVEN FERNANDEZ FOR ADMISSION TO THE BAR OF MARYLAND. Misc. No. 1, September Term, 1996.Court of Appeals of Maryland. June 13, 1996. Stanley J. Reed, of Bethesda, for petitioner. Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ. ORDER The […]

267 A.2d 228 STATE OF MARYLAND v. FOWLER [No. 345, September Term, 1969.]Court of Appeals of Maryland. Decided July 17, 1970. CRIMINAL LAW — Confessions — Voluntariness — Miranda Warnings — Basic Procedure To Be Followed Prior To Interrogation — Mere Perfunctory Reading Of Safeguards Not Sufficient. The Cour held that the procedure to be […]

217 A.2d 272 LEWIS v. STATE [No. 113, September Term, 1965.]Court of Appeals of Maryland. Decided March 7, 1966. CRIMINAL LAW — Burglary — Non-Jury Case — Evidence, As Set Out In Opinion, Held Sufficient, If Believed By Trial Judge, To Establish All Essential Ingredients Of Crime — Finding Of Guilt Not Clearly Erroneous. pp. […]

867 A.2d 1064 William Spencer v. State. Pet. Docket No. 493.Court of Appeals of Maryland. Denied February 11, 2005. No. 2851, Sept. Term 2002, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied. Page 164

444 A.2d 1030 ALAN L. DAUGHARTHY ET UX. v. MONRITT ASSOCIATES [No. 28, September Term, 1981.]Court of Appeals of Maryland. Decided May 12, 1982. REAL PROPERTY — Mortgages Or Deeds Of Trust — Distinction Between Sale Of Property “Subject To” Existing Mortgage Or Deed Of Trust And Sale Of Property With “Assumption” Of Existing Mortgage […]

185 A.2d 341 UNITED STATES FIDELITY AND GUARANTY COMPANY ET AL. v. ROYER, ETC., ET AL. [No. 60, September Term, 1962.]Court of Appeals of Maryland. Decided November 13, 1962. NEGLIGENCE — Of Pedestrian Who Crosses Street Between Crossings — Some Rules As To. Under Code (1957), Art. 66 1/2, sec. 236 (a), vehicles have the […]

79 A.2d 852 REED v. STATE [No. 129, October Term, 1950.]Court of Appeals of Maryland. Decided April 12, 1951. SEARCHES AND SEIZURES — Warrant Unnecessary If Operator of Disorderly House Permits Search of Premises Without One. Search without a warrant was lawful and evidence obtained therefrom was admissible in prosecution for maintaining a disorderly house, […]

776 A.2d 631 TERRENCE LYNN ZETTY v. SUSAN M. PIATT. No. 144, September Term, 2000.Court of Appeals of Maryland. Filed: July 16, 2001. Circuit Court for Charles County; Case No. 08-C-00-000700 DV Page 142 David P. Sutton, Baltimore (Arnold P. Popkin, Suitland), all on brief, for petitioner. Andrew H. Baida, Assistant Attorney General (J. Joseph […]

18 A.2d 205 GEORGE S. FUNKHOUSER ET AL. v. FLORENCE V. MOOERS [No. 4, January Term, 1941.]Court of Appeals of Maryland. Decided February 19th, 1941. Equity — Amendment of Bill. An order sustaining a demurrer to a bill, though final in the sense that it is appealable, is not final in the sense that the […]

332 A.2d 644 DEPARTMENT OF NATURAL RESOURCES v. CROPPER ET AL. [No. 172, September Term, 1974.]Court of Appeals of Maryland. Decided February 21, 1975. EASEMENTS — Dedication To Public Use — Evidence Of Intention To Dedicate Held Insufficient. pp. 27-28 EASEMENTS — Prescriptive Use — Evidence Of Prescriptive Easement Held Insufficient. p. 28 EASEMENTS — […]

180 A.2d 828 DIDLAKE ET UX. v. POTEET ET AL. [No. 291, September Term, 1961.]Court of Appeals of Maryland. Decided May 11, 1962. ZONING — Rezoning — Original Mistake Or Change In Character Of Neighborhood Only Grounds For — Scope Of Judicial Review. Before real property should be rezoned from one classification to another, there […]

715 A.2d 962 ARUNDEL ENGINEER v. MASS TRANSIT. September Term, 1998.Court of Appeals of Maryland. Denied August 24, 1998. Pet. Docket No. 205 — denied. Opinion of the Court of Special Appeals unreported (No. 1408, Sept. Term 1997).

661 A.2d 702 E. GEORGE ELIAS v. STATE OF MARYLAND. No. 45, September Term, 1994.Court of Appeals of Maryland. July 18, 1995. Appeal from the Circuit Court, Baltimore city, Page 170 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 171 Anton J.S. […]

202 A.2d 324 SAVOY v. STATE [No. 434, September Term, 1963.]Court of Appeals of Maryland. Decided July 16, 1964. DANGEROUS WEAPON — Question Of Whether “Gravity Knife” Was One Was Properly Submitted To The Jury Here. One of the questions presented in the instant case was whether a “gravity knife” was one of the knives […]

722 A.2d 52 SEAN X. DUPREE v. STATE OF MARYLAND. No. 21, September Term, 1998.Court of Appeals of Maryland. December 23, 1998. Appeal from Circuit Court for Baltimore City, John Tremelis, J., Case #196183031. Page 315 Nancy S. Forster, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for Petitioner. Emmet Davitt, Asst. […]

188 A.2d 550 BOOTH v. WARDEN OF MARYLAND PENITENTIARY [App. No. 65, September Term, 1962.]Court of Appeals of Maryland. Decided March 8, 1963. Decided March 8, 1963. Charles Edwin Booth instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal. Application denied. Before BRUNE, […]

249 A.2d 141 METROPOLITAN AUTO SALES CORPORATION v. KONESKI, ET AL. [No. 5, September Term, 1968.]Court of Appeals of Maryland. Decided January 15, 1969. PLEADING — Where Defendant In Motion Raising Preliminary Objections Asserted Defenses Going To Merits Of Case And Not Related To Its Challenge Of Jurisdiction Of The Court, Filing Of The Motion […]