Category: Court of Special Appeals Opinions

374 A.2d 408 WILLIAM C. GLEASON ET UX. v. JACK ALAN ENTERPRISES, INC. No. 1191, September Term, 1976.Court of Special Appeals of Maryland. Decided June 15, 1977. RES IPSA LOQUITUR — Doctrine Of — Factors Necessary To Invoke Doctrine — Directed Verdict Granted Upon Premise Of Plaintiff’s Failure To Establish Exclusive Control Of Instrument Causing […]

788 A.2d 662 ANTONIO DONNELL OESBY v. STATE OF MARYLAND Nos. 0445, 0447 and 0448, September Term, 2001Court of Special Appeals of Maryland. Filed: January 4, 2002 Circuit Court, Prince George’s County, E. Allen Shepherd, J., Affirmed in part and vacated in part. Page 145 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

273 A.2d 630 HARRY CLIFFORD OTT v. STATE OF MARYLAND. No. 108, September Term, 1970.Court of Special Appeals of Maryland. Decided February 16, 1971. APPEAL — Scope Of Review — Review Of Sufficiency Of Evidence In Jury Cases — Contention Regarding Allegedly Prejudicial Closing Argument Not Ordinarily Considered Absent Objection Below. In order to overturn […]

381 A.2d 294 FRANK B. RYAN ET AL. v. STELLA KASASKERIS. No. 356, September Term, 1977.Court of Special Appeals of Maryland. Decided December 13, 1977. WORKMEN’S COMPENSATION — Domestic Employee — Injured While Walking From Bus Stop To Employer’s Home — Compensable Injury — Course Of Employment — “Going And Coming Rule” — “Free Transportation” […]

674 A.2d 547 JEFFREY W. LUBORE v. RPM ASSOCIATES, INC., ET AL. No. 1226, September Term, 1995.Court of Special Appeals of Maryland. April 4, 1996. Appeal from the Circuit Court, Montgomery County, William M. Cave, J. Page 313 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

911 A.2d 464 In re ADOPTION/GUARDIANSHIP OF HAROLD H. No. 0464, September Term, 2006.Court of Special Appeals of Maryland. November 30, 2006. Appeal from the Circuit Court, Prince George’s County, Jackson, J. Page 565 Claudia A. Cortese (Nancy S. Forster, Public Defender, on brief), for appellant. Page 566 Pamela L. Smith, Riverdale (Legal Aid Bureau, […]

955 A.2d 869 Deborah ROLLINS, et al. v. CAPITAL PLAZA ASSOCIATES, L.P. No. 2011, September Term, 2006.Court of Special Appeals of Maryland. September 4, 2008. Appeal from the Circuit Court, Prince George’s County, Wallace, J. Page 189 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

619 A.2d 171 WILLIAM WARFEL, JR., ET AL. v. ROBERT W. BRADY, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT JOHN BRADY. No. 546, September Term, 1992.Court of Special Appeals of Maryland. January 28, 1993. Appeal from the Circuit Court, Anne Arundel County, Lawrence H. Rushworth, Jr., J. Page 2 Robert G. Skeen (Goldman Skeen, P.A. […]

377 A.2d 535 DORIS HAMILL WOODWARD ET AL. v. HERMAN NEWSTEIN ET UX. No. 1163, September Term, 1976.Court of Special Appeals of Maryland. Decided September 13, 1977. NEGLIGENCE — SUMMARY JUDGMENTS — Grant Of — Where There Is No Dispute As To Material Facts — Claim That Injured Parties Were Business Invitees, Either Expressed Or […]

252 A.2d 7 ROBERT E. KEMP v. STATE OF MARYLAND. No. 233, September Term, 1968.Court of Special Appeals of Maryland. Decided April 1, 1969. REMOVAL OF CAUSES — Discretion Of Trial Court. Where there is no evidence to show that the lower court acted arbitrarily and abused its discretion, the Court of Special Appeals cannot […]

484 A.2d 1039 ALBAN TRACTOR CO., INC. v. HAROLD C. WILLIFORD, ET AL. No. 369, September Term, 1984.Court of Special Appeals of Maryland. December 11, 1984. Certiorari Denied April 22, 1985. Appeal from the Circuit Court, Anne Arundel County, Bruce C. Williams, J. Page 72 Richard B. Schreibstein, Baltimore (Ottenheimer, Cahn Patz, P.A., Baltimore, on […]

451 A.2d 1259 STATE OF MARYLAND v. JUNITH ANYSLEN WEAVER. No. 232, September Term, 1982.Court of Special Appeals of Maryland. Decided November 5, 1982. CRIMINAL LAW — Stet — Meaning Of — Entry Of A Stet Means That State Will Not Proceed Against An Accused On That Indictment At That Time — Case, However, May […]

452 A.2d 1271 GREGORY BERNARD ROBERTS v. STATE OF MARYLAND. No. 305, September Term, 1982.Court of Special Appeals of Maryland. Decided December 7, 1982. CRIMINAL LAW — CONTINUANCE — Grounded By Claimed Overt Delay By State In Providing Accused With Late Acquired Supplemental Hospital Report On Victim And Lack Of Sufficient Time Within Which To […]

229 A.2d 600 JAMES J.C. TILLER v. WARDEN, MARYLAND PENITENTIARY. No. 65, Initial Term, 1967.Court of Special Appeals of Maryland. Decided May 12, 1967. POST CONVICTION PROCEDURE — Allegations Finally Litigated Cannot Be Raised Again. Applicant’s contention that the State’s Attorney had knowingly used perjured testimony, having been “finally litigated” within the meaning of Code […]

4 A.3d 515 CENTRAL TRUCK CENTER, INC., et al. v. CENTRAL GMC, INC., et al. No. 1780, September Term, 2008.Court of Special Appeals of Maryland. September 7, 2010. Appeal from the Circuit Court, Prince George’s County, Sean D. Wallace, J. Page 376 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

888 A.2d 377 Jerry J. MATHIS et al. v. Aaron HARGROVE. No. 2604 September Term, 2004.Court of Special Appeals of Maryland. December 22, 2005. Appeal from the Circuit Court, Prince George’s County, Clark, J. Page 287 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

456 A.2d 82 PAUL WARTZMAN ET AL. v. HIGHTOWER PRODUCTIONS, LTD. No. 587, September Term, 1982.Court of Special Appeals of Maryland. Decided February 7, 1983. DAMAGES — For Legal Malpractice — Reliance Damages — Ordinarily, Profits Due To Breach Of Contract Recoverable — Where Anticipated Profits Are Too Speculative To Be Determined, Monies Spent In […]

381 A.2d 712 LARRY RAYMOND WORTHINGTON v. STATE OF MARYLAND. No. 299, September Term, 1977.Court of Special Appeals of Maryland. Decided January 12, 1978. CRIMINAL LAW — EVIDENCE — Doctrine Of Verbal Completeness To Impeach Credibility Of Witnesses — Hearsay — Confrontation Of Witnesses — Work-Product Doctrine — Waiver Exception — When A Witness Of […]

639 A.2d 214 JAMES R. KARL, ET UX. v. ROBERT J. DAVIS. No. 711, September Term, 1993.Court of Special Appeals of Maryland. April 7, 1994. Appeal from the Circuit Court, Wicomico County, Alfred T. Truitt, Jr., J. Page 43 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

590 A.2d 562 MALACHI WILSON v. STATE OF MARYLAND. No. 1030, September Term, 1990.Court of Special Appeals of Maryland. May 30, 1991. Appeal from the Circuit Court, Baltimore City, David B. Mitchell, J. Page 513 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

514 A.2d 25 A.S. ABELL PUBLISHING COMPANY v. BOARD OF REGENTS OF THE UNIVERSITY OF MARYLAND, ET AL. No. 748, September Term, 1986.Court of Special Appeals of Maryland. September 5, 1986. Appeal from the Circuit Court, Prince George’s County, Audrey E. Melbourne, J. Page 501 Douglas D. Connah, Jr. (Kathleen M. McDonald and Venable, Baetjer […]

578 A.2d 299 PETER GAKABA v. STATE OF MARYLAND. Post Conviction No. 74, September Term, 1990.Court of Special Appeals of Maryland. August 30, 1990. Certiorari Denied December 26, 1990. Appeal from the Circuit Court for Baltimore City, John Carroll Byrnes, J. Peter Gakaba, Baltimore, pro se. No answer filed by the State. Argued before WILNER, […]

541 A.2d 1017 JOSEPH EDWARD ARGABRIGHT v. STATE OF MARYLAND. No. 1396, September Term, 1987.Court of Special Appeals of Maryland. June 7, 1988. Appeal from the Circuit Court, Howard County, J. Thomas Nissel, J. Page 443 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

505 A.2d 537 HAMPTON ASSOCIATES LIMITED PARTNERSHIP, ET AL. v. BALTIMORE COUNTY, MARYLAND, ET AL. No. 495, September Term, 1985.Court of Special Appeals of Maryland. March 6, 1986. Appeal from the Circuit Court, Baltimore County, Joseph F. Murphy, J. Page 552 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

318 A.2d 269 MATTER OF VICTORIA ELAINE CARTER AND CINDY ANN SPALDING. No. 519, September Term, 1973.Court of Special Appeals of Maryland. Decided April 17, 1974. JUVENILE PROCEEDINGS — Applicability Of Miranda Holding — Custodial Interrogation — Miranda Inapplicable Upon Facts In Instant Case As Both Oral And Written Statements Of Juveniles Did Not Stem […]

806 A.2d 388 MICHAEL POLLOCK v. PATUXENT INSTITUTION BOARD OF REVIEW No. 1030, September Term, 2001Court of Special Appeals of Maryland. Filed: September 3, 2002 Appealed from the Circuit Court, Howard County, James B. Dudley, J. Page 55 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

863 A.2d 1017 Wesley WHITING, a/k/a Jeffrey Wilson, a/k/a Lynell Whiting v. STATE of Maryland No. 1052, September Term, 2002.Court of Special Appeals of Maryland. December 23, 2004. Appeal from the Circuit Court, Baltimore City, John P. McCurdy, J. Page 286 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

495 A.2d 366 SOLOMON FULLER v. STATE OF MARYLAND. No. 1633, September Term, 1984.Court of Special Appeals of Maryland. July 15, 1985. Certiorari Granted October 24, 1985. Appeal from the Circuit Court, Harford County, Albert P. Close and Cypert O. Whitfill, JJ. Page 340 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

805 A.2d 1108 DESHAWN LAMONT SMITH v. STATE OF MARYLAND No. 3051, September Term, 2000Court of Special Appeals of Maryland. Filed: August 27, 2002 Appeal from the Circuit Court, Harford County, Maurice W. Baldwin, J. Reversed. Kenney, J., filed a concurring opinion in which Sonner and Sharer, JJ., joined. James R. Eyler, J., filed a […]

752 A.2d 631 GERILYNNE SEIGNEUR ET VIR. v. NATIONAL FITNESS INSTITUTE, INC. No. 6136, September Term, 1998Court of Special Appeals of Maryland. Filed: May 31, 2000 The Circuit Court, Montgomery County, Paul A. McGuckian, J. Affirmed. Page 272 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

571 A.2d 850 LUCILLE MICHAELS, ET AL. v. CAROL JOANN NEMETHVARGO. No. 1007, September Term, 1989.Court of Special Appeals of Maryland. March 30, 1990. Appeal from the Circuit Court, Arundel County, Robert S. Heise, J. Page 295 Ellen Luff, Gambrills (Gill Cochran, Annapolis, on the brief), for appellants. No brief or appearance by appellee’s counsel. […]

283 A.2d 629 STANLEY BARTON HOSS, JR. v. STATE OF MARYLAND. No. 163, September Term, 1971.Court of Special Appeals of Maryland. Decided November 15, 1971. CRIMINAL LAW — Interstate Agreement On Detainers — Applies Only In Cases Where Detainer Has Been Lodged Against Prisoner Who Has Entered Upon A Term Of Imprisonment, Act Contains No […]

332 A.2d 270 JAMES M. QUIGLEY v. FRED I. SIMON ET UX. No. 398, September Term, 1974.Court of Special Appeals of Maryland. Decided February 14, 1975. LANDLORD AND TENANT — Distress For Rent — Action At Law — Article 21, § 8 — Landlord’s Common Law Remedy As To Distress For Rent Has Since Been […]

370 A.2d 570 ROBERT H. KRAFT v. SUSSEX CONSTRUCTION CORPORATION, INC. No. 621, September Term, 1976.Court of Special Appeals of Maryland. Decided March 14, 1977. APPEAL — Jurisdiction To Hear An Appeal Only From Final Orders — Granting Of Motion To Strike Out An Enrolled Judgment Under Maryland Rule 625 Is In Nature Of A […]

456 A.2d 47 EDWARD A. BUCK ET UX. v. ACME MARKETS, INC. ET AL. No. 1605, September Term, 1981.Court of Special Appeals of Maryland. Decided December 6, 1982. SUMMARY JUDGMENT — Grant Of — Where There Is Lack Of Evidentiary Value To Establish Existence Of Genuine Dispute Of Material Fact — Facts Proffered In Opposition […]

238 A.2d 275 RICHARD LEE PRICE AND RICHARD JAMES STEWART v. STATE OF MARYLAND. No. 76, September Term, 1967.Court of Special Appeals of Maryland. Decided February 15, 1968. APPEAL — Review Of Sufficiency Of Evidence In Non-Jury Cases. In reviewing the sufficiency of the evidence in a non-jury case, the Court of Special Appeals determines […]

684 A.2d 478 MARY C. TUER, INDIVIDUALLY, ETC., v. GARTH R. MCDONALD, ET AL. No. 1993, September Term, 1995.Court of Special Appeals of Maryland. November 6, 1996. Page 122 Appeal from the Circuit Court, Baltimore County. Page 123 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

565 A.2d 335 PAUL E. LUNDGREN, ET UX. v. FERNO-WASHINGTON COMPANY, INC. No. 112, September Term, 1989.Court of Special Appeals of Maryland. November 2, 1989. Appeal from the Circuit Court, Montgomery County, William M. Cave, J. Page 523 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

582 A.2d 568 ANDRE BROCKINGTON v. STATE OF MARYLAND. No. 237, September Term, 1990.Court of Special Appeals of Maryland. November 30, 1990. Appeal from the Circuit Court, Baltimore City, Joseph I. Pines, J. Page 166 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

423 A.2d 972 COLONEL C. COLE v. WILLIAM T. GALES. No. 543, September Term, 1980.Court of Special Appeals of Maryland. Decided January 8, 1981. RES JUDICATA — PLEADING — Amendment To — Maryland Rule 320 — Where, As Here, Party Possessed Opportunity To Amend Pleadings To Incorporate Additional Monetary Claim Due In Controversy After Obtaining […]

505 A.2d 888 JULIANNA ELLETT v. GIANT FOOD, INC. No. 791, September Term, 1985.Court of Special Appeals of Maryland. March 11, 1986. Appeal from the Circuit Court, Baltimore City, Thomas Ward, J. Page 696 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]