HAYDEN v. WALKER, 208 Md. 114 (1955)

117 A.2d 109

HAYDEN ET AL. v. WALKER ET UX.

[No. 33, October Term, 1955.]Court of Appeals of Maryland.
Decided, per curiam, October 13, 1955.

APPEAL — Prematurely Taken — Dismissed — Raising Questions on Subsequent Appeal from Final Decision. An appeal prematurely taken will be dismissed, but any questions sought to be raised on such an appeal may be raised on any subsequent appeal from a final decision in the same proceedings. p. 115

J.E.B.

Decided, per curiam, October 13, 1955.

Appeal from the Circuit Court for Montgomery County (WOODWARD, C.J.).

Proceeding by Albert W. Walker and Florence W. Walker, his wife, before the Board of (Zoning) Appeals of Montgomery County, for a special exception to use certain real property zoned Residential for off-street parking in conjunction with a proposed shopping center. The Board denied the request for a special exception, and an appeal was taken to the Circuit Court. From an order reversing the Board on one ground on which the denial was based, and remanding the case for further proceedings on another point, James J. Hayden, and others, appeal, and Albert W. Walker and Florence W. Walker move to dismiss the appeal.

Dismissed, with costs to be paid by the appellants.

The cause was argued on the motion to dismiss before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

Robert C. Heeney for the appellants on the motion to dismiss.

Page 115

Vivian V. Simpson and Joseph B. Simpson, Jr., for the appellees on the motion to dismiss.

PER CURIAM.

The motion to dismiss the appeal in this case on the ground that the same was prematurely taken is hereby granted and the appeal is hereby dismissed; but any of the questions sought to be raised on this appeal may be raised on any subsequent appeal from a final decision of the Circuit Court for Montgomery County in the same proceedings involved in this appeal.

Costs to be paid by the appellants.