Case law

Dietz v. Dietz

351 Md. 683 · Court of Appeals of Maryland · Nov 16, 1998

That court began its analysis by stating categorically what it called “the general waiver rule,” which it described as follows: “It is a well established rale in Maryland that if a party, knowing the facts, voluntarily accepts … For example, where the feuding husband and son of a disabled woman each sought appointment as her guardian, the court appointed both, as co-guardians, and each qualified under the order by posting bond.

Washington Suburban Sanitary Commission v. TKU Associates

281 Md. 1 · Court of Appeals of Maryland · Jul 15, 1977

It reversed the Council’s resolution granting the sectional map amendment, thus restoring the C-2 zoning classification of Woodies’ property and qualifying it for issuance of the sewer permit under the terms of Judge Mathias … While our review of the evidence indicates that Judge Mathias was not clearly in error in so holding, it is manifest that his decree of December 18,1974 cannot be implemented by issuance of a sewer permit consistent with

Messall v. Suburban Trust Co.

244 Md. 502 · Court of Appeals of Maryland · Dec 30, 1966

The trial court's action in the instant case was not inequitable under the rules the cases have established. … The doctrine of law which they establish is, as I see it, inconsistent with the holding in Franklin Bank .

White v. State

374 Md. 199 · Court of Appeals of Maryland · Apr 15, 2003

On the contrary, I think it clearly was. As we have seen, there was a general voir dire that preceded the individual voir dire. … The majority also points out that the prospective juror, although qualified to do so, was not seated on the jury.

In the Matter of Hon. Ademiluyi

488 Md. 45 · Court of Appeals of Maryland · Aug 15, 2024

’s factual findings should not be treated as established. … We observed that “[t]he judicial disciplinary system established by the Maryland Constitution and Maryland Rules does not work if judges fail to cooperate with disciplinary investigations or the terms and conditions established

Fisher v. Eastern Correctional Institution

425 Md. 699 · Court of Appeals of Maryland · Apr 26, 2012

Semsker, 412 Md. 257, 276 , 987 A.2d 18, 29 (2010)), and therefore “do not clearly disclose the legislative intention,” Smack, 378 Md. at 305 , 835 A.2d at 1179 . … The word “may” does not qualify whether a non-decision is deemed a denial of an appeal. Rather, “may” merely acknowledges that the employee is not obligated to appeal an adverse decision.

Floyd v. Mayor and City Council of Baltimore

463 Md. 226 · Court of Appeals of Maryland · Apr 1, 2019

Respondent maintains that Petitioners did not clearly show potential pecuniary loss or a reasonable relationship to government expenditure or taxation. … In so doing, it may suggest some narrowing of the cases that will qualify for taxpayer standing.

Boer v. University Specialty Hospital

421 Md. 529 · Court of Appeals of Maryland · Aug 19, 2011

Faya's "bodily presence as an inhabitant of a Baltimore City health facility at the time of her death" qualified her as a resident of the City when she died. … The record before this Court clearly indicates that Dorothy Faya always intended to return home, and the hospital was well aware of this intent.

DirecTV, Inc. v. Mattingly

376 Md. 302 · Court of Appeals of Maryland · Jul 31, 2003

The words used clearly reveal the plain meaning of the initial customer agreement’s notice provision. … third count, "Liquidated Damages Impermissible by Statute,” alleges violations of Maryland Code (1975, 2000 Repl.Vol., 2001 Cum.Supp.), § 2-718 of the Commercial Law Article, and proffers that petitioner’s late fees do not qualify

Gaither v. Stockbridge

67 Md. 222 · Court of Appeals of Maryland · Apr 22, 1887

any corporation shall be appointed by a Court, upon or before the dissolution of *238 any corporation, they shall be vested with all the estate and assets of every kind belonging to such corporation from the time of their qualifying … But even if this clause could be construed as embracing an assignment of the term, it is clearly competent for the landlord to waive the forfeiture and recognize the assignment.

State v. Goldsberry

419 Md. 100 · Court of Appeals of Maryland · Apr 26, 2011

The right to counsel of choice, however, is qualified. … In the State's view, the record "adequately established the potential conflicts of interest and ethical violations committed by Mr. McKenzie prior to trial."

Fooks v. State

Court of Appeals of Maryland · Jun 6, 2025

Murray-Artis was clearly connected by a spousal or familial relationship to Mr. Artis, the complaining victim, who was likely deceased when Mr. … Nonetheless, the record here establishes sufficient facts to reach the same conclusion.

Poole v. Hyatt

344 Md. 619 · Court of Appeals of Maryland · Feb 19, 1997

Comm’n App.1922)), and the failure to state clearly that the grantor personally appeared. Powers v. Hatter, 152 Ala. 636 , 44 So. 859 (1907). … Section 5 of article 18 now establishes that as a statutory duty. As with the first category, we are not concerned here with this kind of deficiency.

Rice v. State

311 Md. 116 · Court of Appeals of Maryland · Nov 5, 1987

As set forth in the October 1978 report of the General Assembly’s Joint Subcommittee on Theft Related Offenses, the legislative history underlying enactment of the consolidated theft statute clearly posits a single offense … that this “misconduct” was “one crime” could possibly relieve the State from its constitutional obligation to accord a defendant the right to jury unanimity as to each of the separate acts. 10 Courts that have sought to qualify

Pennwalt Corp. v. Nasios

314 Md. 433 · Court of Appeals of Maryland · Dec 21, 1988

Nasios would have us answer the certified question with a qualified “no.” … Rohrbaugh, 241 Md. 137 , 215 A.2d 825 (1966), that we clearly articulated the exception. 3 In Waldman , the plaintiff brought a medical malpractice action against the doctor who had operated on his fractured ankle.

Foard v. Snider

205 Md. 435 · Court of Appeals of Maryland · Oct 9, 2001

Testimony of disinterested witnesses established that the improvements on Oakwood had deteriorated to a serious extent. … If Albert was willing to exercise the option, he was clearly not ready or able to do so.

Finci v. American Casualty Co. of Reading

323 Md. 358 · Court of Appeals of Maryland · Aug 16, 1991

The latter two cases involved the rule, established in Maryland in Jennings v. Government Employees Ins. … But the problem presented here is the clash of that appealing result with the established policy of freedom of contract.

Scapa Dryer Fabrics, Inc. v. Saville

418 Md. 496 · Court of Appeals of Maryland · Mar 23, 2011

The trust itself must also satisfy certain standards under § 524(g) in order to qualify for the issuance of a channeling injunction directing all future claims to the trust: the trust must assume the liabilities of the debtor … Clearly, something short of an actual judgment will suffice.” Swigert v. Welk, 213 Md. 613, 619 , 133 A.2d 428 (1957).

Clark v. O'Malley

434 Md. 171 · Court of Appeals of Maryland · Aug 23, 2013

With respect to the former, he submits that the Circuit Court abused its discretion when, despite “[tjhis Court [having] unequivocally established that Mr. … the Mayor of Baltimore City, subject to confirmation by the City Council by a majority vote of its members, for a term of six years, the first term to commence July 1, 1978, and continue until a successor is appointed and qualified

Attorney Grievance Commission v. Zakroff

387 Md. 603 · Court of Appeals of Maryland · Jun 23, 2005

In our review of the record, “[t]he hearing judge’s findings of fact will be accepted unless we determine that they are clearly erroneous” .... … Based on this testimony, we cannot say that the hearing court was clearly erroneous in finding that Ms.