example error in Maryland

1996It is in such cases as these that exemplary or punitive damages are awarded as a punishment for the evil motive or intent with which the act is done, and as an example or warning to others.” Id. at 455 , 601 A.2d 633 (quoting Philadelphia, W. & B.

1996It is in such cases as these that exemplary or punitive damages are awarded as a punishment for the evil motive or intent with which the act is done, and as an example or warning to others.” Id. at 455 , 601 A.2d 633 (quoting Philadelphia, W. & B.

2020Koven was cited as an example of a violation of MLRPC 8.4(c) and MLRPC 8.4(d), see Attorney Grievance Comm’n v. Blum, 373 Md. 275, 301 , 818 A.2d 219, 234 (2003), and in a dissenting opinion as an example of a violation of MLRPC 8.4(d), see Attorney Grievance Comm’n v. Sheinbein, 372 Md. 224 , 277 n.12, 812 A.2d 981 , 1012 n.12 (2002) (Eldridge, J., dissenting).

2020Koven was cited as an example of a violation of MLRPC 8.4(c) and MLRPC 8.4(d), see Attorney Grievance Comm’n v. Blum, 373 Md. 275, 301 , 818 A.2d 219, 234 (2003), and in a dissenting opinion as an example of a violation of MLRPC 8.4(d), see Attorney Grievance Comm’n v. Sheinbein, 372 Md. 224 , 277 n.12, 812 A.2d 981 , 1012 n.12 (2002) (Eldridge, J., dissenting).

2010Taylor is an example of the rule in application — the Court of Appeals concluded that evidence of a decedent’s exercise of dominion and control over property titled by him in the name of another (without informing the owner of record) was sufficient to show that, at the time the property was purchased, the decedent purchased the property with his own funds intending, eventually, to title it in his own name. 269 Md. at 541 , 307 A.2d 670 .

2010Taylor is an example of the rule in application — the Court of Appeals concluded that evidence of a decedent’s exercise of dominion and control over property titled by him in the name of another (without informing the owner of record) was sufficient to show that, at the time the property was purchased, the decedent purchased the property with his own funds intending, eventually, to title it in his own name. 269 Md. at 541 , 307 A.2d 670 .

2010Cf. K & G Construction Co. v. Harris, 223 Md. 305, 315 , 164 A.2d 451 (1960) (subcontractor’s negligent damage to contractor’s wall was a material breach of subcontractor’s promise to perform in a workmanlike manner).

2010Cf. K & G Construction Co. v. Harris, 223 Md. 305, 315 , 164 A.2d 451 (1960) (subcontractor’s negligent damage to contractor’s wall was a material breach of subcontractor’s promise to perform in a workmanlike manner).

2010We quoted, id. at 431-32 , 807 A.2d 125 , from 15 Richard A. Lord, Williston on Contracts, § 44.53 at 224-25 (4th ed.2000), to support our conclusion that the trial court in that case erred in finding substantial performance: “A typical example of a clause requiring strict compliance is one making time of the essence of the contract; substan *164 tial, although late, performance, is not generally sufficient to permit the party who has not performed in a timely manner to bring an action on the contract.” Given the trial court’s findings about the lack of timely progress by Subcontractor, which

2010We quoted, id. at 431-32 , 807 A.2d 125 , from 15 Richard A. Lord, Williston on Contracts, § 44.53 at 224-25 (4th ed.2000), to support our conclusion that the trial court in that case erred in finding substantial performance: “A typical example of a clause requiring strict compliance is one making time of the essence of the contract; substan *164 tial, although late, performance, is not generally sufficient to permit the party who has not performed in a timely manner to bring an action on the contract.” Given the trial court’s findings about the lack of timely progress by Subcontractor, which

2006It cited as an example of the exception, Oken v. State, 378 Md. 179 , 835 A.2d 1105 (2003), cert. denied, 541 U.S. 1017 , 124 S.Ct. 2084 , 158 L.Ed.2d 632 (2004), which it summarized: *94 "[ Oken ] was a Rule 4-345 proceeding to correct an illegal or irregular sentence.

2006It cited as an example of the exception, Oken v. State, 378 Md. 179 , 835 A.2d 1105 (2003), cert. denied, 541 U.S. 1017 , 124 S.Ct. 2084 , 158 L.Ed.2d 632 (2004), which it summarized: “[Oken] was a Rule 4-345 proceeding to correct an illegal or irregular sentence.

2006It cited as an example of the exception, Oken v. State, 378 Md. 179 , 835 A.2d 1105 (2003), cert. denied, 541 U.S. 1017 , 124 S.Ct. 2084 , 158 L.Ed.2d 632 (2004), which it summarized: *94 "[ Oken ] was a Rule 4-345 proceeding to correct an illegal or irregular sentence.

2006It cited as an example of the exception, Oken v. State, 378 Md. 179 , 835 A.2d 1105 (2003), cert. denied, 541 U.S. 1017 , 124 S.Ct. 2084 , 158 L.Ed.2d 632 (2004), which it summarized: “[Oken] was a Rule 4-345 proceeding to correct an illegal or irregular sentence.

2006It cited as an example of the exception, Oken v. State, 378 Md. 179 , 835 A.2d 1105 (2003), cert. denied, 541 U.S. 1017 , 124 S.Ct. 2084 , 158 L.Ed.2d 632 (2004), which it summarized: *94 "[ Oken ] was a Rule 4-345 proceeding to correct an illegal or irregular sentence.

2006It cited as an example of the exception, Oken v. State, 378 Md. 179 , 835 A.2d 1105 (2003), cert. denied, 541 U.S. 1017 , 124 S.Ct. 2084 , 158 L.Ed.2d 632 (2004), which it summarized: *94 "[ Oken ] was a Rule 4-345 proceeding to correct an illegal or irregular sentence.

2003(Emphasis supplied) (Quoted with approval in Davis v. Gordon, 183 Md. 129, 133 , 36 A.2d 699 (1944); Owens-Illinois v. Zenobia, 325 Md. 420, 455 , 601 A.2d 633 (1992); Ellerin v. Fairfax Savings, 337 Md. 216, 227 , 652 A.2d 1117 (1995)).

2003(Emphasis supplied) (Quoted with approval in Davis v. Gordon, 183 Md. 129, 133 , 36 A.2d 699 (1944); Owens-Illinois v. Zenobia, 325 Md. 420, 455 , 601 A.2d 633 (1992); Ellerin v. Fairfax Savings, 337 Md. 216, 227 , 652 A.2d 1117 (1995)).

2003(Emphasis supplied) (Quoted with approval in Davis v. Gordon, 183 Md. 129, 133 , 36 A.2d 699 (1944); Owens-Illinois v. Zenobia, 325 Md. 420, 455 , 601 A.2d 633 (1992); Ellerin v. Fairfax Savings, 337 Md. 216, 227 , 652 A.2d 1117 (1995)).

2003(Emphasis supplied) (Quoted with approval in Davis v. Gordon, 183 Md. 129, 133 , 36 A.2d 699 (1944); Owens-Illinois v. Zenobia, 325 Md. 420, 455 , 601 A.2d 633 (1992); Ellerin v. Fairfax Savings, 337 Md. 216, 227 , 652 A.2d 1117 (1995)).

1999As an example of when a claim for declaratory judgment would not be available, we have said that as a general rule, courts will not entertain a declaratory judgment action “if there is pending, at the time of the commencement of the action for declaratory relief, another action or proceeding involving the same parties and in which the identical issues that are involved in the declaratory action may be adjudicated.” Post, 349 Md. at 160 , 707 A.2d at 814 (quoting Waicker v. Colbert, 347 Md. 108, 113 , 699 A.2d 426, 428 (1997)); see also Turnpike Farm Ltd.

1999As an example of when a claim for declaratory judgment would not be available, we have said that as a general rule, courts will not entertain a declaratory judgment action “if there is pending, at the time of the commencement of the action for declaratory relief, another action or proceeding involving the same parties and in which the identical issues that are involved in the declaratory action may be adjudicated.” Post, 349 Md. at 160 , 707 A.2d at 814 (quoting Waicker v. Colbert, 347 Md. 108, 113 , 699 A.2d 426, 428 (1997)); see also Turnpike Farm Ltd.

1979“Various rationales have been advanced to support the policy of allowing retrial to correct trial error, but in our view the most reasonable justification is that advanced by Tateo, supra, at 466 , 12 L Ed 2d 448 , 84 S Ct 1587 : ‘It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.’ See Wilson, supra, at 343-344, n 11, 43 L Ed 2d 232 , 95 S Ct 1013 ; Wade v Hunter, 336 US 684, 688-689 , 93 L Ed 974 , 69 S Ct 834 (1949).

1979“Various rationales have been advanced to support the policy of allowing retrial to correct trial error, but in our view the most reasonable justification is that advanced by Tateo, supra, at 466 , 12 L Ed 2d 448 , 84 S Ct 1587 : ‘It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.’ See Wilson, supra, at 343-344, n 11, 43 L Ed 2d 232 , 95 S Ct 1013 ; Wade v Hunter, 336 US 684, 688-689 , 93 L Ed 974 , 69 S Ct 834 (1949).

1979“Various rationales have been advanced to support the policy of allowing retrial to correct trial error, but in our view the most reasonable justification is that advanced by Tateo, supra, at 466 , 12 L Ed 2d 448 , 84 S Ct 1587 : ‘It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.’ See Wilson, supra, at 343-344, n 11, 43 L Ed 2d 232 , 95 S Ct 1013 ; Wade v Hunter, 336 US 684, 688-689 , 93 L Ed 974 , 69 S Ct 834 (1949).

1979“Various rationales have been advanced to support the policy of allowing retrial to correct trial error, but in our view the most reasonable justification is that advanced by Tateo, supra, at 466 , 12 L Ed 2d 448 , 84 S Ct 1587 : ‘It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.’ See Wilson, supra, at 343-344, n 11, 43 L Ed 2d 232 , 95 S Ct 1013 ; Wade v Hunter, 336 US 684, 688-689 , 93 L Ed 974 , 69 S Ct 834 (1949).

1979“Various rationales have been advanced to support the policy of allowing retrial to correct trial error, but in our view the most reasonable justification is that advanced by Tateo, supra, at 466 , 12 L Ed 2d 448 , 84 S Ct 1587 : ‘It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.’ See Wilson, supra, at 343-344, n 11, 43 L Ed 2d 232 , 95 S Ct 1013 ; Wade v Hunter, 336 US 684, 688-689 , 93 L Ed 974 , 69 S Ct 834 (1949).

1979“Various rationales have been advanced to support the policy of allowing retrial to correct trial error, but in our view the most reasonable justification is that advanced by Tateo, supra, at 466 , 12 L Ed 2d 448 , 84 S Ct 1587 : ‘It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.’ See Wilson, supra, at 343-344, n 11, 43 L Ed 2d 232 , 95 S Ct 1013 ; Wade v Hunter, 336 US 684, 688-689 , 93 L Ed 974 , 69 S Ct 834 (1949).

1978A careful reading of Leftwich reveals the following as an exception to the general rule (“except in cases where the work is obviously a subcontracted fraction of a main contract”), indicating a Jamison-type exception. 4 The Court of Appeals seems to have settled on the “essential or integral part” test, as shown in State, Use of Reynolds, et al. v. City of Baltimore, et al., 199 Md. 289, 295 , 86 A. 2d 618 (1952).

1978A careful reading of Leftwich reveals the following as an exception to the general rule (“except in cases where the work is obviously a subcontracted fraction of a main contract”), indicating a Jamison-type exception. 4 The Court of Appeals seems to have settled on the “essential or integral part” test, as shown in State, Use of Reynolds, et al. v. City of Baltimore, et al., 199 Md. 289, 295 , 86 A. 2d 618 (1952).

1915And the rule laid down by these eminent text-writers has had at least the implied sanction of this Court in Eschbach v. Collins, 61 Md. 478 ; Home of the Aged v. Bantz, 107 Md. 543 ; Safe Dep. & Tr.

1915And the rule laid down by these eminent text-writers has had at least the implied sanction of this Court in Eschbach v. Collins, 61 Md. 478 ; Home of the Aged v. Bantz, 107 Md. 543 ; Safe Dep. & Tr.