Special Appeals analysis in Maryland

2018Petitioner contests the Court of Special Appeals' analysis of the interplay between CP §§ 7-101 and 7-109 : "The reasoning of the Court of Special Appeals, i.e. , 'that the custody requirement of CP § 7-101 takes precedence over the appeals provisions of CP § 7-109,' overlooks the presumption that the General Assembly 'intends its enactments to operate together as a consistent and harmonious body of law.' " State v. Bey , 452 Md. 255 , 266, 156 A.3d 873 (2017) (internal quotation marks and brackets omitted).

2018Petitioner contests the Court of Special Appeals' analysis of the interplay between CP §§ 7-101 and 7-109 : "The reasoning of the Court of Special Appeals, i.e. , 'that the custody requirement of CP § 7-101 takes precedence over the appeals provisions of CP § 7-109,' overlooks the presumption that the General Assembly 'intends its enactments to operate together as a consistent and harmonious body of law.' " State v. Bey , 452 Md. 255 , 266, 156 A.3d 873 (2017) (internal quotation marks and brackets omitted).

2022II Discussion “Where an order involves an interpretation and application of Maryland constitutional, statutory or case law, our Court must determine whether the trial court’s conclusions are ‘legally correct’ under a de novo standard of review.” Schisler v. State, 394 Md. 519, 535 (2006).

2021See Goshen Run Homeowner’s Ass’n v. Cisneros, 467 Md. 74, 88 (2020); Harvey v. Marshall, 389 Md. 243, 257 (2005).

2021See Goshen Run Homeowner’s Ass’n v. Cisneros, 467 Md. 74, 88 (2020); Harvey v. Marshall, 389 Md. 243, 257 (2005).

2020The Pfeifer court distilled three guiding principles from Lane: (1) the uninsured motorist statute “embodies a public policy to assure financial compensation to the innocent victims of motor vehicle accidents who are unable to recover from financially irresponsible uninsured motorists”; (2) an insured’s claim against his or her own insurer to recover uninsured motorist coverage is a contract action; and (3) “[a]s long as the insured does not demand compensation under his own insurance policy, the uninsured motorist [insurer] is not called upon to pay under the contract, and, therefore there ca

2017On brief, Michael and Judith mischaracterize the Court of Special Appeals’s analysis by arguing, in a single sentence without elaboration or discussion, that it incorrectly applied the principle of expressio unius est exclusio alterius, which is “[a] canon of construction holding that to express or include one thing implies the exclusion of the other, or of the alternative.” Expressio unius est exclusio alterius, Black’s Law Dictionary (10th ed. 2014); see also Breslin v. Powell, 421 Md. 266, 287-88 , 26 A.3d 878, 891 (2011) (“[CJourts may consider with caution the can[ jon of [statutory] cons

2017On brief, Michael and Judith mischaracterize the Court of Special Appeals’s analysis by arguing, in a single sentence without elaboration or discussion, that it incorrectly applied the principle of expressio unius est exclusio alterius, which is “[a] canon of construction holding that to express or include one thing implies the exclusion of the other, or of the alternative.” Expressio unius est exclusio alterius, Black’s Law Dictionary (10th ed. 2014); see also Breslin v. Powell, 421 Md. 266, 287-88 , 26 A.3d 878, 891 (2011) (“[CJourts may consider with caution the can[ jon of [statutory] cons

2016Petitioners’ reliance on the Court of Special Appeals’ analysis in Wooldridge , is also attenuated, given that the Court addressed in relevant part, whether the contributory negligence of the decedent barred a wrongful death beneficiary’s subsequent wrongful death and survival action. 184 Md.App. 451, 454 , 966 A.2d 955, 957 (2009).

2016Petitioners’ reliance on the Court of Special Appeals’ analysis in Wooldridge , is also attenuated, given that the Court addressed in relevant part, whether the contributory negligence of the decedent barred a wrongful death beneficiary’s subsequent wrongful death and survival action. 184 Md.App. 451, 454 , 966 A.2d 955, 957 (2009).

2012Tenants rely on the Court of Special Appeals’ analysis and also point out that Landlords “blocked Sorrento from participating by refusing to consent to an assignment of the grounds leases” and therefore “can hardly raise a party-in-interest defense when they are the ones responsible for the missing party’s absence.” Maryland Rule 2-201 provides: “Every action shall be prosecuted in the name of the real party in interest^]” 39 As Judge Harrell explained in Mid-Atlantic Power Supply Ass’n v. Public Service Comm’n, “the trend has been to define a real party in interest as: ‘A person entitled unde

2012Tenants rely on the Court of Special Appeals’ analysis and also point out that Landlords “blocked Sorrento from participating by refusing to consent to an assignment of the grounds leases” and therefore “can hardly raise a party-in-interest defense when they are the ones responsible for the missing party’s absence.” Maryland Rule 2-201 provides: “Every action shall be prosecuted in the name of the real party in interest^]” 39 As Judge Harrell explained in Mid-Atlantic Power Supply Ass’n v. Public Service Comm’n, “the trend has been to define a real party in interest as: ‘A person entitled unde

2011It is especially so because Petitioners argue that the judgment of the Court of Special Appeals affirming the Tax Court is erroneous because that judgment is “entirely dependent on its [incorrect] determination that the county income tax and State income tax are one and the same.” To support this assertion, Petitioners cite Comptroller v. Blanton, contending that this Court held that the State and *139 local taxes are “two distinct taxes.” 390 Md. 528, 533, 543 , 890 A.2d 279, 282, 288 (2006).

2011It is especially so because Petitioners argue that the judgment of the Court of Special Appeals affirming the Tax Court is erroneous because that judgment is “entirely dependent on its [incorrect] determination that the county income tax and State income tax are one and the same.” To support this assertion, Petitioners cite Comptroller v. Blanton, contending that this Court held that the State and *139 local taxes are “two distinct taxes.” 390 Md. 528, 533, 543 , 890 A.2d 279, 282, 288 (2006).

2011This logistical element of the incident, however, is a not relevant to an assumption of risk analysis, although it might be relevant to a contributory negligence analysis where a voluntary encounter with a known risk might be "itself unreasonable." See BG & E v. Flippo, 348 Md. 680, 706 , 705 A.2d 1144 (1998) (quoting Warner v. Markoe, 171 Md. 351, 359-60 , 189 A. 260, 264 (1937) ("Contributory negligence defeats recovery because it is a proximate cause of the accident which happens, but assumption of risk defeats recovery because it is a previous abandonment of the right to complain if an acc

2011This logistical element of the incident, however, is a not relevant to an assumption of risk analysis, although it might be relevant to a contributory negligence analysis where a voluntary encounter with a known risk might be "itself unreasonable." See BG & E v. Flippo, 348 Md. 680, 706 , 705 A.2d 1144 (1998) (quoting Warner v. Markoe, 171 Md. 351, 359-60 , 189 A. 260, 264 (1937) ("Contributory negligence defeats recovery because it is a proximate cause of the accident which happens, but assumption of risk defeats recovery because it is a previous abandonment of the right to complain if an acc

2009The Court of Special Appeals’ analysis of the words “tortious conduct” included a discussion of Lee v. Cline, 384 Md. 245 , 863 A.2d 297 (2004), in which this Court was presented with the issue of whether State personnel have immunity from liability for tortious acts or omissions that violate State constitutional rights.

2009The Court of Special Appeals’ analysis of the words “tortious conduct” included a discussion of Lee v. Cline, 384 Md. 245 , 863 A.2d 297 (2004), in which this Court was presented with the issue of whether State personnel have immunity from liability for tortious acts or omissions that violate State constitutional rights.