Category: Court of Appeals Opinions

5 A.2d 283 WILLIAM E. NEEB ET AL. v. ATLANTIC MILL LUMBER REALTY COMPANY. [No. 15, January Term, 1939.]Court of Appeals of Maryland. Decided March 8th, 1939. Mortgage — To Secure Future Advances — Fraud as to Creditors. That after the amount of a loan secured by mortgage was paid over to the mortgagor by […]

564 A.2d 406 CYNTHIA RENEE FITZPATRICK v. STATE September Term, 1989Court of Appeals of Maryland. Decided October 10, 1989 Pet. Docket No. 254 — denied. Opinion (No. 1528, 1988 Term, Court of Special Appeals) unreported.

307 A.2d 670 TAYLOR v. MERCANTILE-SAFE DEPOSIT AND TRUST COMPANY, EXECUTOR-PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD H. HODGSON [No. 296, September Term, 1972.]Court of Appeals of Maryland. Decided July 27, 1973. APPEAL — Where Lower Court Dismissed Complaint In Its Entirety And Ordered Plaintiff To Pay The Costs But There Was A Partial Finding […]

92 A.2d 459 STANDARD PROPERTIES, INC. ET AL. v. EMPLOYMENT SECURITY BOARD OF MARYLAND [No. 33, October Term, 1952.]Court of Appeals of Maryland. Decided November 11, 1952. UNEMPLOYMENT COMPENSATION — Contributions of Employer — Excise Tax Imposed in Exercise of Police Power. The Unemployment Compensation Act, Code (1951), Art. 95A, which imposes upon employers the […]

513 A.2d 314 FRANCIS RUSSELL HOLLEY v. STATE September Term, 1986Court of Appeals of Maryland. Decided August 22, 1986 Pet. Docket No. 250 — denied. Judge Adkins did not participate in the consideration of this petition. Post Conviction (No. 42, 1986 Term, Court of Special Appeals) unreported.

113 A.2d 411 FRANK v. FRANK (Two Appeals In One Record) [No. 133, October Term, 1954.]Court of Appeals of Maryland. Decided April 21, 1955. ALIMONY — Definition. Alimony is an award made by the court for food, clothing, habitation and other necessities for the maintenance of the wife. pp. 128-129 ALIMONY — and Alimony Pendente […]

774 A.2d 1123 DARRYL E. WILSON v. TINA HOLLIDAY, LESLIE WASHINGTON, AND ANTORIA DIXON No. 97, September Term, 2000.Court of Appeals of Maryland. Filed: June 26, 2001. Circuit Court for Dorchester County; Case #P-84-001826, P-85-001984, P-85-001985, P-86-002023. Page 590 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

120 A.2d 575 WELEBIR v. GILBERT [No. 102, October Term, 1955.]Court of Appeals of Maryland. Decided February 17, 1956. SALES — of Automobile — under Virginia Law — by Dealer Without Delivering Title — Finding of Estoppel on Part of Seller to Dealer and That Buyer from Dealer Was Bona Fide Purchaser Without Notice. Where […]

87 A.2d 811 TILGHMAN, INDIVIDUALLY AND AS CO-EXECUTOR v. FRAZER, INDIVIDUALLY AND AS CO-EXECUTOR, ET AL. [No. 138, October Term, 1951.]Court of Appeals of Maryland. Decided April 4, 1952. Rehearing and modification denied May 6, 1952. TRUSTS — Testamentary Trust — Income from Assets Used in Paying Debts, Administration Expenses and Legacies — Is Corpus, […]

514 A.2d 1211 IN RE LUCAS F. September Term, 1986Court of Appeals of Maryland. Decided September 30, 1986 Pet. Docket No. 288 — denied. Judge Adkins did not participate in the consideration of this petition.

711 A.2d 1319 VINCENT B. JANES v. STATE OF MARYLAND. No. 104, September Term, 1997.Court of Appeals of Maryland. June 26, 1998. Petition from the Circuit Court, Charles County, Richard J. Clark, J. Page 285 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

149 A.2d 23 PERLMUTTER v. BACAS [No. 175, September Term, 1958.]Court of Appeals of Maryland. Decided March 20, 1959. SPECIFIC PERFORMANCE — When There Is a Duty to Grant — When Relief Will Be Denied. A court of equity will decree specific performance almost as a matter of course if the terms of the contract […]

882 A.2d 286 MARTIN TODD CAIN v. STATE. Pet. Docket No. 234.Court of Appeals of Maryland. Denied September 9, 2005. Reported below: 162 Md.App. 366, 875 A.2d 146. Petition for writ of certiorari denied.

636 A.2d 473 AMERICAN UNION OF BAPTISTS v. TRUSTEES OF THE PARTICULAR PRIMITIVE BAPTIST CHURCH September Term, 1993Court of Appeals of Maryland. Decided January 28, 1994 Pet. Docket No. 550 — granted.

882 A.2d 286 MARQUIE COPELAND v. STATE. Pet. Docket No. 210.Court of Appeals of Maryland. Denied September 9, 2005. No. 781, Sept. Term 2003, Opinion of the Court of Special Appeals unreported. Petition for writ of certiorari denied.

25 A.2d 667 ATLANTIC REFINING COMPANY v. CATHERINE ELIZABETH FORRESTER, WIDOW [No. 28, January Term, 1942.]Court of Appeals of Maryland. Decided April 22, 1942. Workmen’s Compensation. Where there is any question of fact involved in the trial of an appeal from a decision of the State Industrial Accident Commission, the parties have a right to […]

258 A.2d 180 POTTS ETC. v. GOVERNOR OF MARYLAND, ET AL. [No. 47, September Term, 1969.]Court of Appeals of Maryland. Decided November 6, 1969. CONSTITUTIONAL LAW — Legislature — Declaration Of Emergency — Not Reviewable — Legislative Declaration Of Emergency Is Conclusive And Not Reviewable. p. 448 APPEAL — Moot Question — Appeal Is Subject […]

177 A.2d 837 MAGGIO ET AL. v. STATE, USE OF HOUSER ET AL. MAGGIO, ADMINISTRATOR ET AL. v. STATE, USE OF SMITH ET AL. MAGGIO, ADMINISTRATOR ET AL. v. SCHOENEMAN ET AL. STATE, USE OF MAGGIO ET AL. v. HOPPERS ET AL. [No. 169, September Term, 1961.] [No. 197 — September Term, 1961.]Court of Appeals […]

727 A.2d 379 BARBARA REYNOLDS v. BOARD OF EDUCATION OF PRINCE GEORGE’S COUNTY No. 11, September Term, 1999Court of Appeals of Maryland. Filed: April 12, 1999 Certiorari to the Court of Special Appeals (Circuit for Prince George’s County); E. Allen Shepherd, Jr., Judge Thomas Teodori (CHASDEN Boscolo, Chartered), Greenbelt, for petitioner. Wanda G. Caporaletti (Knight, […]

517 A.2d 102 JAMES EDWARD LEE v. STATE September Term, 1986Court of Appeals of Maryland. Decided November 10, 1986 Pet. Docket No. 332 — denied. Post Conviction (No. 130, 1985 Term, Court of Special Appeals) unreported.

912 A.2d 650 Rhone v. Mack Trucks. No. Pet. Docket No. 476.Court of Appeals of Maryland. Denied December 18, 2006. (No. 21-C-06-25004AN, Circuit Court for Washington County). Petitions for Writ of Certiorari denied.

854 A.2d 878 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Kimberly Hope CARNOT. Misc. AG No. 29, September Term, 2004.Court of Appeals of Maryland. July 23, 2004. ORDER BELL, Chief J. The Court having considered the Petition of Kimberly Hope Carnot for Reinstatement and the answers filed thereto in the above captioned case, it is this […]

512 A.2d 1055 PASSNAULT v. BOARD OF ADMIN. APPEALS FOR P.G. COUNTY September Term, 1986Court of Appeals of Maryland. Decided July 29, 1986 Pet. Docket No. 175 — granted. Opinion (No. 935, 1985 Term, Court of Special Appeals) unreported.

421 A.2d 80 ROBERT SHERMAN v. STATE OF MARYLAND [No. 29, September Term, 1980.]Court of Appeals of Maryland. Decided October 21, 1980. CRIMINAL LAW — Jury Trial — Items Taken To Jury Room — Jury May Take Into Jury Room Charging Documents Which Reflect Only Charges Upon Which Jury Is To Deliberate — Maryland Rule […]

263 A.2d 210 BRUKIEWA v. POLICE COMMISSIONER OF BALTIMORE CITY [No. 149, September Term, 1969.]Court of Appeals of Maryland. Decided February 13, 1970. CONSTITUTIONAL LAW — A Policeman Has Full First Amendment Rights And His Exercise Thereof May Not Be Conditioned By The State By The Exaction Of A Price. pp. 51-52 CONSTITUTIONAL LAW — […]

288 A.2d 323 WITMER v. BLOOM ET AL. [No. 252, September Term, 1971.]Court of Appeals of Maryland. Decided March 21, 1972. CONTRACTS — Sale Of Land — Deficiency In Acreage — Effect Of Term “More Or Less” In Describing Acreage — Use Of Words “More Or Less” Indicates Intention That Buyer Assumes Risk Of Quantity […]

187 A.2d 884 WEDDLE v. DIRECTOR OF PATUXENT INSTITUTION [App. No. 41, September Term, 1962.]Court of Appeals of Maryland. Decided January 31, 1963. HABEAS CORPUS — This Court Is Without Jurisdiction To Entertain Appeal, Or Application For Leave To Appeal, In Such Cases. p. 646 J.E.B. Decided January 31, 1963. Gene D. Weddle filed what […]

184 A.2d 620 COOK v. WARDEN OF THE MARYLAND PENITENTIARY [App. No. 19, September Term, 1962.]Court of Appeals of Maryland. Decided October 9, 1962. POST CONVICTION PROCEDURE ACT — Summary Dismissal Of Applicant’s Petition Did Not Comply With Rule BK45 (b). The applicant in the instant petition raised essentially nine grounds for relief. After a […]

972 A.2d 860 Hall v. St. Mary’s. No. Pet. Docket No. 69.Court of Appeals of Maryland. Denied June 12, 2009. Opinion of the Court of Special Appeals unreported (No. 119, Sept. Term 2008). Petitions for Writ of Certiorari denied.

483 A.2d 754 HERBERT E. GREGORY v. STATE September Term, 1984Court of Appeals of Maryland. Decided November 21, 1984 Pet. Docket No. 400 — denied. Opinion (No. 1162, 1983 Term, Court of Special Appeals) unreported.

69 A.2d 900 LIVINGSTON v. STEWART AND COMPANY, INC. [No. 53, October Term, 1949.]Court of Appeals of Maryland. Decided December 9, 1949. Pleading — Declaration — Negligence Cases — General Requirements — Facts, Not Circumstantial Evidence, Must Be Pleaded — General Characterization of Act or Omission as Negligent, or Condition as Unsafe, Insufficient — Bill […]

183 A.2d 359 GILES ET AL. v. STATE [No. 312, September Term, 1961.]Court of Appeals of Maryland. Decided July 18, 1962. Motions for rehearing and to stay mandate filed August 16, 1962, rehearing denied and stay granted, September 19, 1962. Appeal dismissed for want of a substantial Federal question, 372 U.S. 767. CONSTITUTIONAL LAW — […]

595 A.2d 1077 IN RE MONTRAIL M. September Term, 1991Court of Appeals of Maryland. Decided September 16, 1991 Pet. Docket No. 217 — granted. Judge Bell did not participate in the consideration of this case.

58 A.2d 684 EGEBERG v. MARYLAND STEEL PRODUCTS CO. ET AL. [No. 131, October Term, 1947.]Court of Appeals of Maryland. Decided April 22, 1948. Workmen’s Compensation — Commission’s Authority in “Other Cases” under Code (1943 Supp.), Art. 101, § 48(3) — Scope of Court’s Power on Appeal — Purpose of Law — Power of Commission […]

498 A.2d 1183 LENA ANAWECK v. STATE September Term, 1985Court of Appeals of Maryland. Decided October 21, 1985 Pet. Docket No. 305 — denied.

665 A.2d 685 STEVEN LANE SPITZINGER v. STATE OF MARYLAND. No. 58, September Term, 1994.Court of Appeals of Maryland. October 4, 1995. Appeal from the Circuit Court for Prince George’s County, Vincent J. Femia, J., Page 115 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

310 A.2d 538 KELLY v. STATE OF MARYLAND [No. 33, September Term, 1973.]Court of Appeals of Maryland. Decided October 31, 1973. TRIALS — INSTRUCTIONS TO JURY — Court May Instruct Jurors To Reexamine Their Views And To Change Their Opinions If Convinced They Are Erroneous, Provided It Is Made Equally Clear That Jurors Should Not […]

275 A.2d 167 CHEVY CHASE VILLAGE ET AL. v. JAGGERS ET UX. [No. 291, September Term, 1970.]Court of Appeals of Maryland. Decided March 29, 1971. DEEDS — Restrictive Covenants — A General Plan Of Development Is Unnecessary To Render A Restrictive Covenant Enforceable If It Is Imposed For The Benefit Of Land Retained By The […]

71 A.2d 761 WOLBERT v. RIEF ET AL. [No. 98, October Term, 1949.]Court of Appeals of Maryland. Decided March 9, 1950. Specific Performance — Contract for Sale of Going Business — Clause Therein Obligating Vendor to Repurchase Portion of Business at Purchaser’s Option — Clause Constituted Integral Part of Original Contract and Moving Consideration for […]

226 A.2d 268 JOHNSON, ET AL. v. COLE AND NEW AMSTERDAM CASUALTY COMPANY [No. 63, September Term, 1966.]Court of Appeals of Maryland. Decided February 15, 1967. WORKMEN’S COMPENSATION — A “Dependent” Is One Who Relies In Whole Or In Part Upon The Workman For The Reasonable Necessities Of Life At The Time Of The Accident. […]

30 A.2d 785 RALPH H. ALEXANDER, INSURANCE COMMISSIONER OF PENNSYLVANIA v. R. CONTEE ROSE, ET AL. [No. 43, January Term, 1943.]Court of Appeals of Maryland. Decided March 16, 1943. Limitations — Actions — Death, of Party — Abatement. In action by Pennsylvania liquidator of a Pennsylvania reciprocal insurance exchange, to enforce an assessment against a […]

485 A.2d 269 ELLSWORTH v. SHERNE LINGERIE, Inc. September Term, 1984Court of Appeals of Maryland. Decided December 26, 1984 Pet. Docket No. 444 — granted.

586 A.2d 14 ROBERT LEE SHELTON v. STATE September Term, 1990Court of Appeals of Maryland. Decided February 22, 1991 Pet. Docket No. 513 — denied. Opinion (No. 30, 1990 Term, Court of Special Appeals) unreported.

115 A.2d 714 GIVNER v. STATE [No. 152, October Term, 1954.]Court of Appeals of Maryland. Decided July 14, 1955. Motion for rehearing filed August 13, 1955, denied October 4, 1955. JUDGMENTS — of Circuit Court Acting within Limits of Specially Conferred Jurisdiction on Appeal from Justice of Peace, Are Final. Where a Circuit Court in […]

636 A.2d 480 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. NEIL WARREN STEINHORN. Misc. (Subtitle BV) No. 28, September Term, 1990.Court of Appeals of Maryland. February 1, 1994. ORDER Upon consideration of the Consent to Disbarment from the practice of law filed by Neil Warren Steinhorn, in accordance with Maryland Rule BV 12d2, and the written […]

589 A.2d 57 RAYMOND J. BLY v. STATE September Term, 1990Court of Appeals of Maryland. Decided April 26, 1991 Pet. Docket No. 602 — denied. Opinion (Nos. 39 594, 1990 Term, Court of Special Appeals) unreported.

404 A.2d 1045 COMPTROLLER OF THE TREASURY v. JOHN C. LOUIS COMPANY, INC., ET AL. [No. 93, September Term, 1978.]Court of Appeals of Maryland. Decided July 24, 1979. TAXATION — Retail Sales Tax — Actual Delivery Charge For Tangible Property Shipped By Supplier To Retail Seller Is Excluded From “Price” In Certain Circumstances — Such […]

273 A.2d 147 AGNEW’S INN, INC. v. THE MAYOR AND COUNCIL OF ROCKVILLE ET AL. [No. 271, September Term, 1970.]Court of Appeals of Maryland. Decided February 5, 1971. APPEAL — CONDEMNATION — Moot — Where Party In Condemnation Proceeding Appealed From A Finding That It Was Not Entitled To Any Damages Where It Had Claimed […]

995 A.2d 297 Stokeling, Michael Anthony v. State. Pet. Docket No. 581[*] Court of Appeals of Maryland. Denied May 14, 2010. [*] September Term 2009 PETITIONS FOR WRIT OF CERTIORARI. Denied. Reported below: 189 Md.App. 653, 985 A.2d 175.

667 A.2d 178 DOE v. MASKELL September Term 1995Court of Appeals of Maryland. Decided November 13, 1995 Pet. Docket No. 449 — granted. Pending in the Court of Special Appeals (No. 1027 and 1028, 1995 Term).

512 A.2d 377 MUIR v. GARRISON September Term, 1986Court of Appeals of Maryland. Decided July 24, 1986 Pet. Docket No. 134 — denied. (Circuit Court for Prince George’s County, No. CAL 84-5343).

655 A.2d 911 MICHAEL JAVIER STENNETT v. STATE September Term 1994Court of Appeals of Maryland. Decided March 23, 1995 Pet.Docket No. 624 — denied. Opinion (No. 123, 1994 Term, Court of Special Appeals) unreported.

76 A.2d 132 EDWARDS ET AL. v. STATE [No. 9, October Term, 1950.]Court of Appeals of Maryland. Decided November 3, 1950. Arrest — If Felony Committed and Reasonable Grounds To Suppose Certain Person Has Committed It, He May Be Arrested and Searched — Probable Cause for, Without Warrant, Is Reasonable Ground For Belief of Guilt […]

988 A.2d 1009 Smith, Anthony v. State. Pet. Docket No. 513.Court of Appeals of Maryland. Denied February 16, 2010. Opinion of the Court of Special Appeals unreported (No. 1385, Sept. Term 2008). Petitions for Writ of Certiorari and Dismissals of Appeals. Petitions for Writ of Certiorari. Denied February 16, 2010. denied.

591 A.2d 250 OCTAVIO ANDREW LLANES v. STATE September Term, 1991Court of Appeals of Maryland. Decided June 21, 1991 Pet. Docket No. 60 — denied. Opinion (No. 361, 1990 Term, Court of Special Appeals) unreported.

650 A.2d 239 ANGELO LEROY MACK v. STATE September Term 1994Court of Appeals of Maryland. Decided December 7, 1994 Pet.Docket No. 429 — denied. Opinion (No. 1934, 1993 Term, Court of Special Appeals) unreported.

915 A.2d 970 David REIER v. STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. No. 29, September Term, 2006.Court of Appeals of Maryland. February 5, 2007. Appeal from the Circuit Court, Baltimore County, Dana M. Levitz, J. Page 3 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

681 A.2d 494 THE RIDGELY CONDOMINIUM ASSOCIATION, INC. v. NICHOLAS SMYRNIOUDIS, JR. ET AT. No. 120, September Term, 1995.Court of Appeals of Maryland. August 27, 1996. Petition from the Circuit Court for Baltimore County, John F. Fader II, J. Page 358 S. Leonard Rottman (Adelberg, Rudow, Dorf, Hendler Sameth, LLC, on brief), Baltimore, for Petitioner. […]

559 A.2d 375 ALONZA KEVIN BIRCHEAD v. STATE September Term, 1989Court of Appeals of Maryland. Decided June 19, 1989 Granted on Motion of this Court. Pending in the Court of Special Appeals (No. 94, 1989 Term).

152 A.2d 833 THANOS ET VIR v. MITCHELL [No. 265, September Term, 1958.]Court of Appeals of Maryland. Decided June 30, 1959. Motion for rehearing filed July 30, 1959, denied September 16, 1959. TRIALS — Continuance — Within Discretion Of Trial Court — Appeal Only If Action Arbitrary — What Necessary To Show To Prove Abuse […]

272 A.2d 621 GRONER v. DAVIS [Nos. 221 and 222, September Term, 1970.]Court of Appeals of Maryland. Decided January 18, 1971. Motion for rehearing filed in No. 222 February 16, 1971; denied March 1, 1971. SUPPORT OF DEPENDENTS — In The Status Of Life Of Some Parents The Providing Of A College Education For Their […]

22 A.2d 460 CATHERINE GREELEY v. BALTIMORE TRANSIT COMPANY [No. 15, October Term, 1941.]Court of Appeals of Maryland. Decided November 6, 1941. Carriers — Negligence — Prayers and Instructions. Under the doctrine of res ipsa loquitur, a presumption of negligence on the part of the defendant arises whenever plaintiff has offered legally sufficient evidence to […]

883 A.2d 914 STATE v. RALPH E. WILKINS. Pet. Docket No. 241.Court of Appeals of Maryland. Granted October 3, 2005. Reported below: 162 Md.App. 512, 875 A.2d 231. Petition for writ of certiorari granted.

672 A.2d 623 SCOTT A. STEVENSON v. STATE September Term 1995Court of Appeals of Maryland. Decided March 6, 1996 Pet. Docket no. 606 — denied. Opinion (No. 258, 1995 Term, Court of Special Appeals) unreported.

912 A.2d 674 Linda H. LAMONE, et al. v. Marirose Joan CAPOZZI, et al. No. 143, September Term, 2005.Court of Appeals of Maryland. December 11, 2006. Appeal from The Circuit Court, Anne Arundel County, Ronald A. Silkworth, J. Page 54 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

561 A.2d 1034 THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF MARYLAND v. COMPTROLLER OF THE TREASURY, RETAIL SALES TAX DIVISION. No. 143 September Term, 1987.Court of Appeals of Maryland. July 31, 1989. Appeal from the Circuit Court, Baltimore City, David Ross J. Page 4 T. Scott Basik and Charles R. Moran (Semmes, Bowen Semmes, all […]

200 A.2d 59 PUTNAM v. STATE [No. 212, September Term, 1963.]Court of Appeals of Maryland. Decided May 5, 1964. CRIMINAL LAW — Distinction Recognized Between Indictment Or Information Completely Failing To State Offense, And One Alleging All Elements Of Offense And Apprising Accused Of Nature And Cause Of Accusation, But Doing So In Defective Or […]

481 A.2d 801 TIMOTHY DYER v. STATE September Term, 1984Court of Appeals of Maryland. Decided October 2, 1984 Pet. Docket No. 260 — denied. Opinion (No. 1029, 1983 Term, Court of Special Appeals) unreported.

601 A.2d 129 RODNEY GOULD v. STATE September Term, 1991Court of Appeals of Maryland. Decided February 12, 1992 Pet. Docket No. 502 — denied. Opinion (No. 32, 1991 Term, Court of Special Appeals) unreported.

627 A.2d 539 DARLENE LAWSON v. STATE September Term, 1993Court of Appeals of Maryland. Decided July 21, 1993 Pet. Docket No. 85 — denied. Opinion (No. 1041, 1992 Term, Court of Special Appeals) unreported.