Case law

Kelly v. Duvall

441 Md. 275 · Court of Appeals of Maryland · Jan 27, 2015

Duvall’s Will clearly expressed a contrary intent. … Thus, Kelly, Jr. qualifies for one-quarter of the residuary of the estate.

Acme Poultry Corp. v. Melville

188 Md. 365 · Court of Appeals of Maryland · May 14, 1947

State, 173 Md. 103 , 194 A. 832 , where the point of collision was established by glass and other debris. In Gloyd v. … We also think that the State Police officer was sufficiently qualified to express an opinion that the tires of the vehicles would leave marks if they were pushed sideways.

Matthews v. State

304 Md. 281 · Court of Appeals of Maryland · Oct 10, 1985

A trial court clearly has the authority and responsibility to correct an illegal sentence at any time, Md. Rule 774 a; Carter v. … Probation should not be allowed to develop into a grant of immunity from punishment.

Geier v. Mercantile-Safe Deposit & Trust Co.

273 Md. 102 · Court of Appeals of Maryland · Dec 17, 1974

Later, William Ernst did qualify as a co-trustee, however. … Only the last two cases clearly involve the capitalization of accumulated earnings. Baldwin v.

Roskelly v. Lamone

396 Md. 27 · Court of Appeals of Maryland · Dec 11, 2006

Walsh, 363 Md. 565, 595 , 770 A.2d 111, 129 (2001) (The “phrase ‘to perform purely religious functions’ clearly does not mean what is suggested.... … If the framers had wished to allow this scenario under Article XVI, they would not have established the June 1 deadline in the first place. See Yox. v.

Riley v. Venice Beach Citizens Ass'n

Court of Appeals of Maryland · Apr 19, 2024

It also found that the circuit court’s denial of Bay Pride’s Large Section claim was not clearly erroneous. … As explained, in my view, the prior grant of summary judgment was not qualified under Maryland Rule 2-501(g).

Consolidated Gas Co. v. Mayor of Baltimore

105 Md. 43 · Court of Appeals of Maryland · Feb 13, 1907

In the opinion referred to the Court considered the question at length (p. 487 to 493), and explained very clearly and satisfactorily the difference which exists between a body of men proceeding under a law of that kind, … From this statement it cannot be doubted that they are generally qualified as experts upon the subject of inquiry in this case.

Robinson v. State

348 Md. 104 · Court of Appeals of Maryland · Nov 19, 1997

Specifically, he stated that he removed the transparent baggie from its plastic container and “could see the eight pieces clearly.” … Although the plaintiff in Scott was not qualified as an expert, we concluded that his prior experiences and observations in the operation of cranes qualified him to offer lay opinion testimony in that case.

Downs v. Reighard

265 Md. 344 · Court of Appeals of Maryland · Apr 12, 1972

He had testified as an expert witness in regard to value of real estate in the Circuit Courts for Baltimore County and Harford County and is a qualified appraiser for the State Roads Commission. … We do not find that the findings of fact of the trial court, sitting without a jury, were clearly erroneous, Maryland Rule 886, nor, in our opinion, were his conclusions in error.

Maryland Clay Co. v. Goodnow

95 Md. 330 · Court of Appeals of Maryland · Feb 15, 1902

This testimony was absolutely uncontradicted, and if it does not establish negligence in the construction of the trestle, I am at a loss to understand how it could be established by any testimony. … though there .may be subordinate and - independent causes in operation, must be looked to in determining the rights and liabilities of the parties concerned. * * * * And no wrongdoer ought to be allowed to apportion or qualify

Payne v. Payne

136 Md. 551 · Court of Appeals of Maryland · Jun 17, 1920

The will was duly executed and attested, and on the testator’s death was duly probated, and the executor appears to have qualified and entered upon the administration of the estate. … On the other hand it is equally well established that every intendment is to be made against holding a man to be intestate who sits down to dispose of the rest and residue of his; property.

In Re the Petition for Reinstatement to Practice Law of Braverman

271 Md. 196 · Court of Appeals of Maryland · Mar 1, 1974

It sweeps within its condemnation speech which our Constitution has immunized from governmental control. Cf. Yates v. United States, 354 U.S. 298 (1957); . . .’ Id., 447-448 .” Id. at 447-48 . 94 S. Ct. at 661 . … The Government must establish this beyond a reasonable doubt.’

Savoy v. State

420 Md. 232 · Court of Appeals of Maryland · Jun 23, 2011

The Majority opinion takes great lengths to establish a framework within which to review unpreserved errors in a jury instruction context. … The Presence of Error To qualify for potential review, Petitioner must demonstrate first that an error exists.

Board of County Commissioners v. Marcas, L.L.C.

415 Md. 676 · Court of Appeals of Maryland · Sep 20, 2010

If the language of the statute is unambiguous and clearly consistent with the statute’s apparent purpose, our inquiry as to legislative intent ends ordinarily and we apply the statute as written, without resort to other rules … These limits are established by regulations issued by the State Treasurer pursuant to amendments to the State Tort Claims Act effective in 1985. Thus, the cap is consistent with existing law.

MacKe Co. v. Comptroller of Treasury

302 Md. 18 · Court of Appeals of Maryland · Dec 26, 1984

Moreover, the Comptroller's administrative practice is clearly in conflict with the plain meaning of § 324(f)(i). … does not qualify for use tax exclusion.

Washington Suburban Sanitary Commission v. Cae-Link Corp.

330 Md. 115 · Court of Appeals of Maryland · Apr 8, 1993

On this point, the intermediate appellate court is clearly correct. … The court concluded, therefore, that the appraisals do not qualify as business records. Id We agree. V.

McManus v. Summers

290 Md. 408 · Court of Appeals of Maryland · Sep 1, 1981

Rev. 550 , 554 (1952), "It is uniformly agreed that a tenancy by the entirety cannot be established unless the grantees are legally married.” … The immunities of a tenancy by the entireties can be enjoyed only by a lawfully married pair; but any other incidents may be included in any other plural ownership if the parties so intend.

Wash. Gas Light Co. v. Md. Pub. Serv. Comm'n

460 Md. 667 · Court of Appeals of Maryland · Aug 14, 2018

On May 27, 2015, Chief Judge Romine issued an order, concluding that for “an infrastructure replacement project to be an ‘eligible infrastructure replacement’ under the STRIDE law,” and thus qualifying for accelerated … Clearly, Washington Gas did not discuss using the STRIDE statute with regard to out-of-state infrastructure projects.

Grimm v. State

447 Md. 482 · Court of Appeals of Maryland · May 4, 2016

The State immunized Quentin and obtained a court order compelling him to testify in the State’s case. … To this extent, the doctrine that disbelief of testimony can never alone support a finding of fact should be qualified.” Wellborn III, supra, at 1104.

Pence v. Norwest Bank Minnesota, N.A.

363 Md. 267 · Court of Appeals of Maryland · Mar 8, 2001

Analysis of the City Loan Under the SMLL In order for the Bank Loan to qualify under the SMLL, there must have been a lien constituting a qualifying prior encumbrance on the title to petitioner’s property. … Thus, even if the loan agreement was sufficiently specific to qualify as a lien under State law, or under a local law if such a local law was authorized by State law, it would only qualify as a lien, if at all, in the future