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15 Maryland opinions name it 2 courts 1969–2019 0 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dietz v. Dietzgreen2 sentences2016Cf. Dietz v. Dietz, 351 Md. 683, 692-93 , 720 A.2d 298 (1998) *495 (equating a monetary award to be paid in monthly installments of $1,250 over a fifteen-year period to alimony payments, thus holding that the acquiescence rule did not bar the appeal). 2016Cf. Dietz v. Dietz, 351 Md. 683, 692-93 , 720 A.2d 298 (1998) *495 (equating a monetary award to be paid in monthly installments of $1,250 over a fifteen-year period to alimony payments, thus holding that the acquiescence rule did not bar the appeal). | 5 | 7 |
Lewis v. Lewisgreen2 sentences2010In Lewis v. Lewis, 219 Md. 313, 317 , 149 A.2d 403 (1959), the Court of Appeals held that the acquiescence rule, "if applicable at all in a divorce case ... cannot be raised where the benefits accruing to the [recipient party], by reason of the award, provide necessary support until the final adjudication of the case.” 8 . 2010In Lewis v. Lewis, 219 Md. 313, 317 , 149 A.2d 403 (1959), the Court of Appeals held that the acquiescence rule, "if applicable at all in a divorce case ... cannot be raised where the benefits accruing to the [recipient party], by reason of the award, provide necessary support until the final adjudication of the case.” 8 . | 3 | 4 |
DOWNTOWN BREWING v. Mayor and City Council of Ocean Citygreen2 sentences2010See Downtown Brewing Co. v. Ocean City, 370 Md. 145, 149 , 803 A.2d 545 (2002) ("Recognizing that the acquiescence doctrine is a severe one ..., we held that it should only be applied to actions taken by the same litigant that are necessarily inconsistent and that a claim on appeal that one is entitled to more money is not inconsistent.”) (citations omitted); Dietz, 351 Md. at 696-97 , 720 A.2d 298 ("There is nothing inconsistent between Mrs. Dietz’s acceptance of the monetary award ... and her request for an increase in the monetary award because of Mr. Dietz’s interest in different property. 2010See Downtown Brewing Co. v. Ocean City, 370 Md. 145, 149 , 803 A.2d 545 (2002) ("Recognizing that the acquiescence doctrine is a severe one ..., we held that it should only be applied to actions taken by the same litigant that are necessarily inconsistent and that a claim on appeal that one is entitled to more money is not inconsistent.”) (citations omitted); Dietz, 351 Md. at 696-97 , 720 A.2d 298 ("There is nothing inconsistent between Mrs. Dietz’s acceptance of the monetary award ... and her request for an increase in the monetary award because of Mr. Dietz’s interest in different property. | 2 | 5 |
Dietz v. Dietzgreen2 sentences2010Dietz v. Dietz, 117 Md.App. 724 , 701 A.2d 1144 (1997). *641 The Court of Appeals reversed, holding that “the acquiescence rule does not apply where there is no cross-appeal and the appellant seeks only an increase in an undisputed minimum.” Dietz, 351 Md. at 695 , 720 A.2d 298 . 2010Dietz v. Dietz, 117 Md.App. 724 , 701 A.2d 1144 (1997). *641 The Court of Appeals reversed, holding that “the acquiescence rule does not apply where there is no cross-appeal and the appellant seeks only an increase in an undisputed minimum.” Dietz, 351 Md. at 695 , 720 A.2d 298 . | 2 | 4 |
Franzen v. Dubinokgreen2 sentences2013“The doctrine of acquiescence — or waiver — is that ‘a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally precludes that party from obtaining appellate review.’ ” Bd. of Physician Quality Assurance v. Levitsky, 353 Md. 188, 200 , 725 A.2d 1027, 1032 (1999) (quoting Franzen v. Dubinok, 290 Md. 65, 69 , 427 A.2d 1002, 1004 (1981)) (emphasis in original). 2013“The doctrine of acquiescence — or waiver — is that ‘a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally precludes that party from obtaining appellate review.’ ” Bd. of Physician Quality Assurance v. Levitsky, 353 Md. 188, 200 , 725 A.2d 1027, 1032 (1999) (quoting Franzen v. Dubinok, 290 Md. 65, 69 , 427 A.2d 1002, 1004 (1981)) (emphasis in original). | 2 | 3 |
Petillo v. Steingreen2 sentences2000Yet, the Court reminded us that “the acquiescence doctrine ‘is a severe one and should not be extended.’ ” Dietz, 351 Md. at 695 , 720 A.2d 298 (quoting Lewis, 219 Md. at 317 , 149 A.2d 403 ) (citing Petillo v. Stein, 184 Md. 644, 649 , 42 A.2d 675 (1945)). 2000Yet, the Court reminded us that “the acquiescence doctrine ‘is a severe one and should not be extended.’ ” Dietz, 351 Md. at 695 , 720 A.2d 298 (quoting Lewis, 219 Md. at 317 , 149 A.2d 403 ) (citing Petillo v. Stein, 184 Md. 644, 649 , 42 A.2d 675 (1945)). | 2 | 3 |
Shapiro v. Maryland-National Capital Park & Planning Commissiongreen2 sentences2010In addition, to make clear that “the holdings [from] the workers’ compensation cases [were] not limited to that field of law,” id. at 695 , 720 A.2d 298 , the Court noted that it had applied the same exception in Shapiro v. Maryland-Nat’l Capital Park & Planning Comrn’n, 235 Md. 420 , 201 A.2d 804 (1964), a condemnation case. 2010In addition, to make clear that “the holdings [from] the workers’ compensation cases [were] not limited to that field of law,” id. at 695 , 720 A.2d 298 , the Court noted that it had applied the same exception in Shapiro v. Maryland-Nat’l Capital Park & Planning Comrn’n, 235 Md. 420 , 201 A.2d 804 (1964), a condemnation case. | 1 | 3 |
Board of Physician Quality Assurance v. Levitskygreen2 sentences2013“The doctrine of acquiescence — or waiver — is that ‘a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally precludes that party from obtaining appellate review.’ ” Bd. of Physician Quality Assurance v. Levitsky, 353 Md. 188, 200 , 725 A.2d 1027, 1032 (1999) (quoting Franzen v. Dubinok, 290 Md. 65, 69 , 427 A.2d 1002, 1004 (1981)) (emphasis in original). 2013“The doctrine of acquiescence — or waiver — is that ‘a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally precludes that party from obtaining appellate review.’ ” Bd. of Physician Quality Assurance v. Levitsky, 353 Md. 188, 200 , 725 A.2d 1027, 1032 (1999) (quoting Franzen v. Dubinok, 290 Md. 65, 69 , 427 A.2d 1002, 1004 (1981)) (emphasis in original). | 1 | 2 |
Skokos v. Skokosgreen2 sentences2019See Skokos v. Skokos , 332 Ark. 520 , 968 S.W.2d 26 , 30 (1998) (appellee may " 'waive' his right to declare a waiver of appeal on the part of an appellant," by promising that "acceptance of payment under the judgment will not prejudice her right to appeal"). 2019See Skokos v. Skokos , 332 Ark. 520 , 968 S.W.2d 26 , 30 (1998) (appellee may " 'waive' his right to declare a waiver of appeal on the part of an appellant," by promising that "acceptance of payment under the judgment will not prejudice her right to appeal"). | 1 | 1 |
Alvey v. Alveygreen2 sentences2007We have opined that, " '[acquiescence ... has been described as a quasi-estoppel,’ ” Alvey v. Alvey, 220 Md. 571, 575, 155 A.2d 491, 493 (1959), quoting 3 John Norton Pomeroy, A Treatise on Equity Jurisprudence 245 (5th ed.1941), so that to constitute acquiescence, the elements of estoppel must be present. 2007We have opined that, " '[acquiescence ... has been described as a quasi-estoppel,’ ” Alvey v. Alvey, 220 Md. 571, 575, 155 A.2d 491, 493 (1959), quoting 3 John Norton Pomeroy, A Treatise on Equity Jurisprudence 245 (5th ed.1941), so that to constitute acquiescence, the elements of estoppel must be present. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Osztreicher v. Juanteguy
green
2 sentences2010The acquiescence rule stems from the “well settled” principle that “ ‘the right to appeal may be lost by acquiescence in, or recognition of, the validity of the decision below from which the appeal is taken or by otherwise taking a *640 position which is inconsistent with the right of appeal.’ ” Osztreicher v. Juanteguy, 338 Md. 528, 534 , 659 A.2d 1278 (1995) (quoting Rocks v. Brosius, 241 Md. 612, 630 , 217 A.2d 531 (1966)). 2010The acquiescence rule stems from the “well settled” principle that “ ‘the right to appeal may be lost by acquiescence in, or recognition of, the validity of the decision below from which the appeal is taken or by otherwise taking a *640 position which is inconsistent with the right of appeal.’ ” Osztreicher v. Juanteguy, 338 Md. 528, 534 , 659 A.2d 1278 (1995) (quoting Rocks v. Brosius, 241 Md. 612, 630 , 217 A.2d 531 (1966)). | 2 | 2002–2010 |
Chimes v. Michael
green
2 sentences2010Second, the Cochrans argue that this Court “limited” the holding in Dietz in Chimes v. Michael, 131 Md.App. 271 , 748 A.2d 1065 (2000). 2010Second, the Cochrans argue that this Court “limited” the holding in Dietz in Chimes v. Michael, 131 Md.App. 271 , 748 A.2d 1065 (2000). | 2 | 2002–2010 |
Exxon Mobil Corp. v. Ford
green
2 sentences2013The “doctrine of acquiescence—or waiver— is that ‘a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally precludes that party from obtaining appellate review.’ ” Exxon Mobil Corp. v. Ford, 433 Md. 426, 462 , 71 A.3d 105 (2013) (quoting Bd. of Physician Quality Assurance v. Levitsky, 353 Md. 188, 200 , 725 A.2d 1027 (1999) (further citation omitted)). 2013The “doctrine of acquiescence—or waiver— is that ‘a voluntary act of a party which is inconsistent with the assignment of errors on appeal normally precludes that party from obtaining appellate review.’ ” Exxon Mobil Corp. v. Ford, 433 Md. 426, 462 , 71 A.3d 105 (2013) (quoting Bd. of Physician Quality Assurance v. Levitsky, 353 Md. 188, 200 , 725 A.2d 1027 (1999) (further citation omitted)). | 1 | 2013–2013 |
Boyd v. Bowen
green
2 sentences2012Id. at 666 , 806 A.2d 314 . 18 This is so because “to take actions that are necessarily inconsistent with challenging a judgment, a party must have knowledge of the nature and effect of the judgment” Id. 2012Id. at 666 , 806 A.2d 314 . 18 This is so because “to take actions that are necessarily inconsistent with challenging a judgment, a party must have knowledge of the nature and effect of the judgment” Id. | 1 | 2012–2012 |
Rocks v. Brosius
green
2 sentences2010The acquiescence rule stems from the “well settled” principle that “ ‘the right to appeal may be lost by acquiescence in, or recognition of, the validity of the decision below from which the appeal is taken or by otherwise taking a *640 position which is inconsistent with the right of appeal.’ ” Osztreicher v. Juanteguy, 338 Md. 528, 534 , 659 A.2d 1278 (1995) (quoting Rocks v. Brosius, 241 Md. 612, 630 , 217 A.2d 531 (1966)). 2010The acquiescence rule stems from the “well settled” principle that “ ‘the right to appeal may be lost by acquiescence in, or recognition of, the validity of the decision below from which the appeal is taken or by otherwise taking a *640 position which is inconsistent with the right of appeal.’ ” Osztreicher v. Juanteguy, 338 Md. 528, 534 , 659 A.2d 1278 (1995) (quoting Rocks v. Brosius, 241 Md. 612, 630 , 217 A.2d 531 (1966)). | 1 | 2010–2010 |
McAlear v. McAlear
green
2 sentences2000Although it by no means sought to blur the distinction between alimony and monetary awards, see McAlear v. McAlear, 298 Md. 320, 347-48 , 469 A.2d 1256 (1984) (despite similarities in form and interdependence between the two, a monetary award paid out in installments is distinct from alimony), the Court of Appeals treated the two types of award alike under the acquiescence rule. 2000Although it by no means sought to blur the distinction between alimony and monetary awards, see McAlear v. McAlear, 298 Md. 320, 347-48 , 469 A.2d 1256 (1984) (despite similarities in form and interdependence between the two, a monetary award paid out in installments is distinct from alimony), the Court of Appeals treated the two types of award alike under the acquiescence rule. | 1 | 2000–2000 |
Smith v. Revere Copper & Brass, Inc.
green
2 sentences1998Mayo was again applied in Smith v. Revere Copper & Brass, 196 Md. 160 , 76 A.2d 147 (1950), where Mayo was described as holding that the acquiescence rule “does not apply where the right to the benefit received is conceded by the opposite party, or where he would be entitled thereto in any event.” Revere Copper, 196 Md. at 166 , 76 A.2d at 149 . 1998Mayo was again applied in Smith v. Revere Copper & Brass, 196 Md. 160 , 76 A.2d 147 (1950), where Mayo was described as holding that the acquiescence rule “does not apply where the right to the benefit received is conceded by the opposite party, or where he would be entitled thereto in any event.” Revere Copper, 196 Md. at 166 , 76 A.2d at 149 . | 1 | 1998–1998 |
Stewart v. McCaddin
green
2 sentences1998Stewart v. McCaddin, 107 Md. 314 , 68 A. 571 (1908) (mortgagee’s appeal to overturn injunction of foreclosure dismissed where mortgagee was relying on an exclusion of later defaults from the injunction in order to justify a second foreclosure). 1998Stewart v. McCaddin, 107 Md. 314 , 68 A. 571 (1908) (mortgagee’s appeal to overturn injunction of foreclosure dismissed where mortgagee was relying on an exclusion of later defaults from the injunction in order to justify a second foreclosure). | 1 | 1998–1998 |
Silverberg v. Silverberg
green
1 sentence1998Initially, we rejected the reasoning that earlier had been applied in Silverberg v. Silverberg, 148 Md. 682, 689 , 130 A. 325 , 328 (1925), where an appeal similar to that of the wife in Lewis had been dismissed on the theory that a party *695 may not split a decree. | 1 | 1998–1998 |
Bumper v. North Carolina
green
1 sentence1969We think the consent given under the facts of this case constituted a valid consent and not simply an acquiescence to a claim of lawful authority, as in Bumper v. North Carolina, 391 U. S. 543 . | 1 | 1969–1969 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.