Estates — Consent order — Legal basis to overturn This case comes to us on an unusual posture: the appellant, Robert Baker, seemingly agreed through his counsel to a consent order entered into at a hearing before the Orphan’s Court ...
Read More »SADIE M. CASTRUCCIO v. THE ESTATE OF PETER ADALBERT CASTRUCCIO, ET AL.
Estates and trusts — Constructive trust — Presumptively valid deeds The Circuit Court for Anne Arundel County, Sadie M. Castruccio, the appellant, filed suit against the estate of her late husband, Peter Adalbert Castruccio (“the Estate”), the appellee, contesting the ...
Read More »TERRON WILLIAMS v. ESTATE OF BILLY FITZGERALD FALBY ET AL.
Torts — Maryland Tort Claims Act — Notice requirement This is an appeal from a judgment of the Circuit Court for Prince George’s County dismissing the State of Maryland as a party to Terron Williams’s tort action against two former ...
Read More »JOYCE H. SAMS v. GEORGE G. HENDERSON, PERSONAL REPRESENTATIVE OF THE ESTATE OF JANE G. HENDERSON
Estates and trusts — Challenge to disallowance of claim — Statute of limitations In this intra-sibling dispute, we are asked by Joyce H. Sams, appellant, to find that the Circuit Court for Charles County erred in dismissing her complaint against ...
Read More »CHARLES W. GEMMILL, JR., ET AL., v. MICHAEL GEMMILL FISHER, ET AL.
Estates and trusts — Settlement — Acquiescence and enforcement This case began as a dispute between siblings regarding their deceased mother’s estate. That case was settled. Now, two of the siblings ask this Court to vacate the settlement agreement. Read ...
Read More »CAROLYN GIBAU, ET AL. v. JOEL FALIK
Torts — Medical malpractice — Judgment notwithstanding the verdict This appeal arises from an order of the Circuit Court of Prince George’s County granting defendant-appellee’s motion for judgment notwithstanding the verdict in a medical malpractice case. The suit was filed ...
Read More »SADIE M. CASTRUCCIO v. THE ESTATE OF PETER ADALBERT CASTRUCCIO, ET AL.
Estates and trusts — Claim of ownership — Spoilation of evidence In the Circuit Court for Anne Arundel County, Sadie M. Castruccio, the appellant, filed suit against the estate of her late husband, Peter Adalbert Castruccio (“the Estate”), the appellee, ...
Read More »BORISLAV TODOROV, PERSONAL REPRESENTATIVE OF THE ESTATE OF CYNTHIA B. RUBINSTEIN v. IAN RUBINSTEIN
Estates and trusts — Claims against estate — Statute of limitations This appeal involves a dispute between siblings over the payment of expenses for two family properties. Ian and Cynthia Rubinstein each owned a quarter-interest in the properties, as did ...
Read More »MURRAY A. KIVITZ, PERSONAL REPRESENTATIVE OF THE ESTATE OF SEYMOUR BADEN v. ERIE INSURANCE COMPANY, ET AL.
Torts — Insurance law — Derivative claims This appeal arises out of a decision by the Circuit Court for Montgomery County denying a motion for summary judgment filed by Murray A. Kivitz, personal representative of the Estate of Seymour Baden, ...
Read More »MICHAEL K. FISHER, ET AL. v. DORIS R. FISHER
Estates and Trusts — Prenuptial agreement — Contract interpretation On December 10, 2012, appellant Michael K. Fisher filed a 36-count pro se complaint against his stepmother, appellee Doris R. Fisher in the Circuit Court for Anne Arundel County, claiming he ...
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