Case law

Litz v. Maryland Department of the Environment

434 Md. 623 · Court of Appeals of Maryland · Sep 26, 2013

is barred by the Maryland statute of limitations “may be reached by a motion to dismiss filed under [the Federal Rules of Civil Procedure] ... only applies, however, if all facts necessary to *642 the affirmative defense clearly … Additionally, there may be facts established at a later stage of the proceedings that indicate the statute of limitations bars some or all of Litz’s causes of action.

75-80 Properties v. RALE, Inc.

470 Md. 598 · Court of Appeals of Maryland · Aug 24, 2020

ended up in the FACT letter as FACT’s opinion or provided an explanation as to why FACT appeared to distance itself from the first letter after the PUD was approved by sending a second letter in which FACT attempted to qualify … Rhodes, et al, Vested Rights: Establishing Predictability in a Changing Regulatory System, 13 Stetson L. Rev. 1, 4 (1983)).

Johnson v. State

292 Md. 405 · Court of Appeals of Maryland · Jan 7, 1982

Sup_p.), § 9-120 of the Courts Article provides that a psychologist, duly licensed and qualified as an expert witness, "may testify on ultimate issues, including insanity, competency to stand trial, and matters within the … The jury found both aggravating factors to be present in this case and the evidence clearly supports the jury’s findings in this regard. .

ATTORNEY GRIEV. COMM'N OF MARYLAND v. Sliffman

330 Md. 515 · Court of Appeals of Maryland · Jun 4, 1993

In order to establish dishonesty, the evidence must show that respondent delayed the transfer of fees with the intent to evade tax reporting requirements. … We can perceive of no serious objection to this practice, however, if the records clearly show what is being done and why, and the amount established as a "cushion” remains constant. 4 .

Cashcall, Inc. v. Maryland Commissioner of Financial Regulation

448 Md. 412 · Court of Appeals of Maryland · Jun 23, 2016

Jackson Hewitt disagreed, arguing that it did not qualify as a credit services business because it was not paid directly by the consumer. Gomez, 427 Md. at 147, 46 A.3d at 454. … “The facts in Gomez established that there were, in the Commissioner’s words, ‘two separate commercial relationships’ between Ms.

Whitehurst v. Whitehurst

156 Md. 610 · Court of Appeals of Maryland · Mar 20, 1929

Whitehurst Taylor, mother, of the deceased, who duly qualified. Oh August 8th, 1924, Claire J. … That clearly had reference to the amount of proof required in such a case, and does not apply to a case where the defendant’s agent actually knew of the misapprehension of the plaintiff, and that She executed the deed under

Motor Vehicle Administration v. Salop

439 Md. 410 · Court of Appeals of Maryland · Jul 21, 2014

TR § 16-702. 2 The MVA has established a graduated licensing system for new drivers under the age of 25. … in the home state.15 Subsection (b) discusses the case of convictions for other, less serious offenses 14 The remainder of Article III specifies the contents of the report: Such report shall clearly

Arfaa v. Martino

404 Md. 364 · Court of Appeals of Maryland · Apr 18, 2008

claim a lien, i.e., that it was served on “the door of the residence located at 2310 Cullum Road[,]” (emphasis added), the court concluded: “[i]t is not clear from the pleadings which of the three buildings on the property qualifies … Certainly and clearly, the Legislature, had it wished, could have included the requirement that, where a large tract of land is involved, the subcontractor apply to have the boundaries of the land appurtenant to the subject

Ex Parte Nicholas

142 Md. 601 · Court of Appeals of Maryland · Jan 19, 1923

Ulrich, 106 Md. 246 , although we said “we do not withdraw or qualify anything said in Royal Arcanum v. … The. comfort of the lunatic demands that it he clearly shown what he has that can he used for his benefit, and the payment over to the committee of whatever surplus there may he in the hands of the trustee, to enable the

In re Easton

214 Md. 176 · Court of Appeals of Maryland · Jun 26, 1957

Doyle was appointed trustee, and, after duly qualifying, thence proceeded to administer the estate. … Is the establishment of a judicial method of determining a person to be incompetent by reason of mental disability, non compos mentis, or a lunatic, a legislative function? II.

Attorney Grievance Commission v. Sweitzer

395 Md. 586 · Court of Appeals of Maryland · Nov 20, 2006

The Tahoe was purchased at a public auction and therefore was clearly not a gift to Respondent from his former spouse. … My departure from that conclusion is that I would qualify it with a right to reapply no sooner than ninety days.

Butler v. S & S Partnership

435 Md. 635 · Court of Appeals of Maryland · Nov 26, 2013

Section 2(c) of the scheduling order is clearly intended to streamline the discovery process outlined in Rule 2-422. … Under established Maryland precedent, therefore, it is clear that there must be loose or peeling paint at the inception of a lease for the hazard to qualify as a basis for a CPA violation; the Baltimore City Code calls for

Wilson v. Watts

9 Md. 356 · Court of Appeals of Maryland · Dec 15, 1856

regard to any other sale between the parties, than the one previously made, and which was to be consummated under the petition and the proceedings upon it, and consequently, in a court of equity, should be subject to all the qualifying … While it can be clearly deduced from the evidence in the cause, that some of the witnesses éntertained no very high opinion of his “'financiering” abilities, it is also clearly shown by the proof, that he was not non compos

National Can Corp. v. State Tax Commission

220 Md. 418 · Court of Appeals of Maryland · Sep 29, 2001

Other Supreme Court decisions had established the lack of power to impose such duties without the authorization of Congress. … The Noel case is clearly a case of ratification. So, we think, is the present case.

Maldonado v. American Airlines

405 Md. 467 · Court of Appeals of Maryland · Jul 25, 2008

respect to the lay testimony, that “lay testimony alone is not justified when the medical question involved is a complicated one, involving fact finding which properly falls within the province of medical experts,” but clearly … We, therefore, explicitly stated that we were not establishing a per se requirement for expert testimony when a medical question was involved. Id. So, we note, has the Court of Special Appeals in Terumo Medical Corp. v.

Stouffer v. Reid

413 Md. 491 · Court of Appeals of Maryland · Apr 19, 2010

In addition to failing to establish “any of the four factors enumerated in Mack v. … In addition, the court’s written findings of fact are not clearly erroneous.

Young v. State

303 Md. 298 · Court of Appeals of Maryland · Jun 11, 1985

Indeed, it would qualify as the necessary act under any of the approaches—the proximity approach, the probable desistance approach or the equivocality approach. … It clearly met the requirements of the substantial step approach.

Attorney Grievance Commission v. Whitehead

390 Md. 663 · Court of Appeals of Maryland · Jan 20, 2006

Subsection (g), which establishes that an adjudication in another state is conclusive evidence of misconduct, does not relate to sanctions. … Vol.), § 14-401(d) of the Estates and Trusts Article ("a person appointed or qualified by a court to act as general, limited, or temporary guardian of an individual's property or a person legally authorized to perform substantially

Ochoa v. Department of Public Safety & Correctional Services

430 Md. 315 · Court of Appeals of Maryland · Jan 30, 2013

The uncodified bill language upon which the majority relies to establish such retro-activity is, at best, ambiguous. … The procedure for determining whether a person qualifies as a sexually violent predator is set forth in § 792(b). .

North Avenue Land Co. v. Mayor of Baltimore

102 Md. 475 · Court of Appeals of Maryland · Jan 9, 1906

Mayor McLane and Comptroller Heffner (who had been elected before and qualified three days after the acceptance of the option by Mayor Hayes and Comptroller Smith) notified Mr. … Court. " But beyond all that this agreement clearly contemplated that the sale should be ratified by the Court, for it expressly referred to the order of the Court which in terms provided for its ratification.