Case law

Bel Air Carpet v. Korey Homes Bldg Grp

249 Md. App. 109 · Court of Special Appeals of Maryland · Apr 30, 2021

But there is no special relationship, no nexus that establishes a duty between the bank and [Bel Air Carpet] in this case. … The bank determined that its customers qualified for an amount significantly less than necessary to complete the sale. Id. at 530.

Sweeney v. Montgomery County

107 Md. App. 187 · Court of Special Appeals of Maryland · Nov 29, 1995

630 A.2d 753 (an appellate court cannot review an agency’s decision under the “substantial evidence” or “arbitrary and capricious” standards unless the agency’s opinion makes findings of fact on all material issues and clearly … Or a position of comparable status, if qualified.

Wright v. State

Court of Special Appeals of Maryland · Aug 31, 2022

“Once the outer boundary markers for a sentence are objectively established, the only question is whether the ultimate sentence itself is or is not inherently illegal.” Id. … In Ross, for example, the defendant, who was charged in the statutory language of a short-form indictment for murder in the first degree, was “clearly apprised that he [was] being charged with the crime of murder,” and

Howard v. State

Court of Special Appeals of Maryland · Apr 24, 2024

According to Appellant, the evidence presented established that Mr. … It would be illogical and contrary to firmly established principles of criminal law to require Appellant to establish that the firearm—of which he claims he has no knowledge—was a Colt AR-15 Sporter H-BAR rifle.

Taxi, LLC v. Mayor of Baltimore City

171 Md. App. 430 · Court of Special Appeals of Maryland · Oct 31, 2006

(Legal title clearly vested in the City after November 27, 2002.) Approximately six months later, on May 12, 2003, the City held its 2003 Tax Sale. The Property was included in the 2003 Tax Sale. … The Court concluded that the trial judge’s factual finding that the taxes for those years in fact had been paid was clearly erroneous.

Wright v. State

Court of Special Appeals of Maryland · Aug 30, 2022

“Once the outer boundary markers for a sentence are objectively established, the only question is whether the ultimate sentence itself is or is not inherently illegal.” Id. … In Ross, for example, the defendant, who was charged in the statutory language of a short-form indictment for murder in the first degree, was “clearly apprised that he [was] being charged with the crime of murder,” and

Klein v. Colonial Pipeline Co.

55 Md. App. 324 · Court of Special Appeals of Maryland · Jul 8, 1983

Woodward, was qualified as an expert concerning fire fighting and fire protection. He was the president of the Bel Air Volunteer Fire Department and was involved in the sale and design of fire-fighting equipment. Mr. … The Circuit Court found that appellant’s expert testimony clearly established that Colonial’s fire-fighting system was adequate.

James v. State

14 Md. App. 689 · Court of Special Appeals of Maryland · Mar 21, 1972

At common law, according to the established prece *700 dents, when, during a trial, a defect in jurors occurred because of the death, illness, or misconduct of a juror or other cause necessitating his discharge, the practice … Further, the substituted juror had been fully examined by both sides on voir dire and accepted as a qualified alternate. There was no claim that he was unable to render a fair verdict. .

Commercial Union Insurance v. Porter Hayden Co.

116 Md. App. 605 · Court of Special Appeals of Maryland · Aug 29, 1997

Wilson, 99 Md.App. 305 , 637 A.2d 486 (1994), suggests a limitation on the broad discretion of a trial judge to deny summary judgment to a party who has seemed to qualify for such judgment in his favor. … We held the conclusion of the trial court to the contrary to have been clearly erroneous.

Goldberg v. Boone

167 Md. App. 410 · Court of Special Appeals of Maryland · Mar 1, 2006

The plaintiff was rendered paralyzed by the surgery... .The court went on to establish a two-pronged causation inquiry that required the plaintiff to prove, first, “that the additional undisclosed risk posed by defendant’ … Chisholm, 136 Md.App. 305 , 765 A.2d 662 (2001), this Court held that, “for a partial new trial to be ordered, ‘it must clearly appear that the effect of the error did not extend to all the issues tried,’ ” (quoting *438

Haines v. Vogel

250 Md. App. 209 · Court of Special Appeals of Maryland · Apr 7, 2021

App. 51 (2000), and the precedent established by the Court of Appeals in Hixon v. Buchberger, 306 Md. 72 (1986) and Khalifa v. … By damaging the immune system, HIV interferes with the body’s ability to fight infection and disease.

Montgomery County Department of Health & Human Services v. Tamara A.

178 Md. App. 686 · Court of Special Appeals of Maryland · Mar 5, 2008

determination that Madeline, like Nathaniel, is a CINA, we said: The circuit court’s determination that Madeline was at a substantial risk of being subjected to the same conditions to which Nathaniel was exposed was not clearly … The juvenile court’s factual finding, which we affirmed, established that Ms. A. is neglecting Shirah, as that term is defined in CJP § 3-801(s).

Ibru v. Ibru

239 Md. App. 17 · Court of Special Appeals of Maryland · Sep 27, 2018

to grant or establish.” … Because Peter is undoubtedly a descendant of Chief Ibru, it is not necessary to consider whether he also qualifies as a “presumptive heir” of Chief Ibru.

Darcars Motors of Silver Spring, Inc. v. Borzym

150 Md. App. 18 · Court of Special Appeals of Maryland · Jan 30, 2003

They were claims that would have qualified, had the defendants been tried for theft, as “claim of right” or “honest belief’ defenses under § 348(c)(1) or (3). In Siegman v. … Coates, 331 Md. 1, 15 , 626 A.2d 36 (1993), established clearly that “the trier of fact has discretion to deny punitive damages even where the record otherwise would support their award.”

Houser v. Houser

Court of Special Appeals of Maryland · Aug 1, 2024

Vol.) mandates that courts use the child support guidelines in any proceeding to establish or modify child support. … not limit the circuit court’s authority to revisit this issue in light of changed circumstances” and “[was] void as violative of the clearly-established public policy of this State”); Corapcioglu v. Roosevelt, 170 Md.

T & R Joint Venture v. Office of Planning & Zoning of Anne Arundel County

47 Md. App. 395 · Court of Special Appeals of Maryland · Dec 15, 1980

That is clearly not the type of special interest, or personal or property right, required under the cases. … Appellant was not immune from all attack before the Board, only from those not satisfying *409 the somewhat narrow, judicially-fashioned test of "aggrievement.”

Bell v. State

118 Md. App. 64 · Court of Special Appeals of Maryland · Oct 31, 1997

The trial judge was uniquely qualified to assess appellant’s demeanor and his behavior. … In order to establish the relevance and materiality required by the Rape Shield Statute, the offer of proof must be specific as to when the sexual contact took place and a proper medical foundation must be made to establish

Covel v. State

Court of Special Appeals of Maryland · Jul 7, 2023

Nock was not accepted as an expert in tool marking and that Maryland law constrains an expert testimony to solely what he or she has been qualified for in court. … Lamont was qualified to testify regarding the identification and operability of firearms.

Won Sun Lee v. Won Bok Lee

240 Md. App. 47 · Court of Special Appeals of Maryland · Jan 30, 2019

on the Judiciary website in June and July of 2016— failed to establish clearly when the clerk added the “Denied” notation to the entry.4 Explaining why that issue is significant requires an exploration of the Court of … In other words, where a money judgment establishes a debt, a lien is a mechanism that can be used to enforce it. A. Mr. Bok Lee’s 2004 Filing Established a Lien, Not a Judgment. Mr.

Brown v. State Farm Mut. Auto. Ins.

Court of Special Appeals of Maryland · Jul 27, 2023

The legislature clearly was concerned that an insured’s subsequent appearance in circuit court after the administrative proceeding might be barred. … The reasonableness of the charges must be established.