Case law

Wallace v. Hawk

Court of Special Appeals of Maryland · Dec 18, 2025

Evert told Kim that the contract had to be under her name because he was unable to qualify for a mortgage. … Finally, Evert argues that the statute bars Angela’s tort claims because their long- term, monogamous relationship and their anticipated indefinite cohabitation clearly constituted a promise to marry.

Amster v. Baker

229 Md. App. 209 · Court of Special Appeals of Maryland · Aug 30, 2016

Circuit”) established the prevailing test for evaluating FOIA Exemption 4 claims for private records voluntarily submitted to the government. Id. … It clearly falls within that category. A commercial lease is the kind of document that is not made public.

In Re Julianna B.

179 Md. App. 512 · Court of Special Appeals of Maryland · May 2, 2008

It is well established that the court’s original dispositional order in a juvenile delinquency proceeding is a final, *552 appealable judgment. … The Act establishes by its terms two co-equal conditions that combine to establish delinquency under the statute: a delinquent act and a current need for services.”

Haw v. NCAA

Court of Special Appeals of Maryland · Feb 1, 2024

Haw has not established that the NCAA’s present position is “‘clearly inconsistent’ with its earlier position[,]” as required to create judicial estoppel. Vogel v. Touhey, 151 Md. … To qualify as a purposefully directed activity, there is no comparative requirement that the activity must be relatively more directed at the forum state than at others.

Haw v. NCAA

Court of Special Appeals of Maryland · Feb 1, 2024

Haw has not established that the NCAA’s present position is “‘clearly inconsistent’ with its earlier position[,]” as required to create judicial estoppel. Vogel v. Touhey, 151 Md. … To qualify as a purposefully directed activity, there is no comparative requirement that the activity must be relatively more directed at the forum state than at others.

Beckwitt v. State

249 Md. App. 333 · Court of Special Appeals of Maryland · Apr 7, 2021

Nevertheless, the thrust of the prosecutor’s closing argument clearly established a line of demarcation between failure to perform a legal duty involuntary manslaughter and extreme negligence second-degree depraved heart … Here, the court clearly sustained appellant’s objection.

Comptroller of Maryland v. Miller

169 Md. App. 321 · Court of Special Appeals of Maryland · Jun 29, 2006

See, COMAR 17.04.11.02B(l)(a) through (Z) (list of instances that qualify as compensable work time). … She asserts: “Maryland law clearly contemplates that state employees will be entitled to compensation in a larger number of circumstances than are guaranteed by the FLSA.”

Buck v. Acme Markets, Inc.

53 Md. App. 151 · Court of Special Appeals of Maryland · Dec 6, 1982

I mean it's not used by anybody but Acme *157 warehouse" lacked sufficient evidentiary value to establish the existence of a genuine dispute as to a material fact. … This general rule, relied upon by the majority, is qualified if the landowner raises the risk of injury off his land.

AXE Properties & Mgmt v. Merriman

Court of Special Appeals of Maryland · Mar 1, 2024

AXE argued that Merriman failed to establish that it actually knew of the home’s various defects at the time of the sale, or that those defects qualified as latent defects that should have been disclosed to Merriman. … Nonetheless, we have established that AXE preserved the issue by advancing it in the motion for judgment at the close of the evidence and the post-trial motions for JNOV.

Kemp v. Nationstar Mortgage

248 Md. App. 1 · Court of Special Appeals of Maryland · Oct 1, 2020

Kemp’s claims in large part based on its conclusion that neither Fannie Mae (the assignee) nor Seterus (the mortgage servicer and Fannie Mae’s alleged agent) could be liable under CL § 12-121 because neither qualified as … And just as ⁋ 8(e) does not establish that property inspection fees assessed to Ms. Kemp weren’t added to the loan balance, it also does not establish that the property inspection fees were added.

Stevens v. Tokuda

216 Md. App. 155 · Court of Special Appeals of Maryland · Feb 25, 2014

In support of this assertion, appellant argues that “the evidence before the [circuit] Court at the October 14, 2010 hearing was such that the Court was clearly erroneous” in finding appellant in contempt after concluding … It may direct the defendant to seek a form of treatment for health or addiction problems that has a reasonable chance of dealing with the problem sufficiently to qualify the defendant for meaningful

Robinson v. State

18 Md. App. 678 · Court of Special Appeals of Maryland · Aug 15, 1973

The factual situation confronting Deputy Wood clearly demonstrates the exigency necessary for the warrantless search. … Subsection (d) provides: “Who may take blood specimen. — Only a physician, or qualified medical personnel, acting at the request of a police officer, or a person acting at the request of a physician, can withdraw blood for

Martinez v. Johns Hopkins Hospital

212 Md. App. 634 · Court of Special Appeals of Maryland · Jul 3, 2013

Katz testified, because this is when “there is re-establishment of blood flow and there is proper oxygen exchange.” By contrast, Dr. … The record reflects that Martinez argued that this testimony was not relevant, and that Nurse Cross was not qualified to provide the testimony because she was not a physician.

Barrett v. State

Court of Special Appeals of Maryland · Nov 29, 2017

The general rule is that “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment – subject only to a few specifically established … The United States Supreme Court has made clear that a search may qualify as a search incident to arrest even if, sequentially, the search occurs prior to the arrest. Rawlings v. Kentucky, 448 U.S. 98, 111 (1980).

Ver Brycke v. Ver Brycke

150 Md. App. 623 · Court of Special Appeals of Maryland · Mar 27, 2003

You stated that notwithstanding the above potential risk, you would like to proceed to attempt to qualify the gifts as being made in $40,000.00 increments. … Although establishing laches in an action that is strictly equitable in nature requires a showing of prejudice, as well as the passáge of time, there is no need to show prejudice to establish laches in an equitable action

Robson v. State

Court of Special Appeals of Maryland · Mar 8, 2023

The term “trial” may, on the other hand, be limited austerely to the core adjudicative determination itself whereat a qualified factfinder (judge or jury) resolves the single issue of whether a criminal defendant is literally … At the very outset of the sentencing discussion, Judge Digges reaffirmed the broad latitude enjoyed by a sentencing judge in Maryland: The petitioner does not dispute, as clearly he cannot, that in this State a

Peters v. State

224 Md. App. 306 · Court of Special Appeals of Maryland · Aug 26, 2015

We defer to the circuit court’s first-level findings of fact, unless clearly erroneous. Our constitutional appraisal is de novo, and is conducted “in light of the particular facts of the case at hand.” … explained, “we are mindful that our task is to ensure that the petitioner’s right to a speedy trial has not been violated; we are also mindful, however, that delay is often the result of efforts to ensure the highest qualify

Arrabal v. Crew-Taylor

159 Md. App. 668 · Court of Special Appeals of Maryland · Dec 3, 2004

Taylor and Che Taylor’s condition and that diagnostic, EFM and other testing clearly indicated that delivery of her triplets was indicated, the [djefendants breached their duty to obtain the informed consent of Mr. and Mrs … Campagnolo, 332 Md. 226 , 630 A.2d 1145 (1993), and the continuation of a patient’s pregnancy (the failure to deliver) does not qualify as such an affirmative treatment? 2.

Wells Fargo Bank Minnesota, N.A. v. Diamond Point Plaza L.P.

171 Md. App. 70 · Court of Special Appeals of Maryland · Sep 29, 2006

It was also established that Sam’s is an active tenant at both locations. … Patently, the testimony established reasonable certainty as to the cause of damages to Wells Fargo as a result of the retail use breach.

Castruccio v. Castruccio

Court of Special Appeals of Maryland · Aug 31, 2018

The General Rules of Will Construction The general principles for construing a will are well established. … Mercantile-Safe Deposit and Trust Co., 257 Md. 482, 484-85 (1970), the testator and a business partner had established two prosperous companies.