Guardianship — Medical certification — Emergency evaluation In the Circuit Court for Montgomery County, William Bernetich (“William”), appellant, filed a combined petition for guardianship of the person and property of his 32-year-old son, Chase Bernetich (“Chase”), appellee, who he alleged is disabled due to mental illness. Read the opinion
Family law — Marital property — Receivership In this appeal, Thomas Bartenfelder (“Husband”) challenges an order of the Circuit Court for Harford County appointing a receiver for three entities he owns jointly with his estranged wife, Kimberly Bartenfelder (“Wife”). At oral argument, both parties consented to the entry of an order vacating the receivership and […]
Guardianship — Assignment of guardian — Abuse of discretion On November 17, 2016, the Circuit Court for St. Mary’s County appointed Joshua Brewster, Esquire, as guardian of the property of Fred Gibbs Johnson, and Sandra Smith Johnson (Fred’s wife) and Mr. Brewster as co-guardians of Fred’s person, with Mr. Brewster to serve as primary guardian […]
JUVENILE LAW -- SUFFICIENCY OF THE EVIDENCE -- TRUANCY -- On April 9, 2014, the Circuit Court for Prince George’s County, sitting as a juvenile court, convicted appellant, Wendy L., of a violation of the school attendance requirements law set forth in § 7-301 of the Education Article. Appellant was sentenced to two weekends of incarceration, which the juvenile court suspended. The trial court f[...]
TORTS -- MARYLAND TORT CLAIMS ACT -- TIMELINESS OF NOTICE -- This appeal arises from the dismissal by the Circuit Court for Calvert County of a complaint filed by appellant, Barbara Veres, on her own behalf and as mother and next friend of her son against appellee, the State of Maryland. The State, through the Calvert County Department of Social Services (“DSS”), initiated a child abuse invest[...]
Montgomery County Circuit Court abused its discretion in finding that appellant had the present ability to comply with its order to return artwork to ex-spouse or pay $42,000, and incarcerating him for civil contempt of court.
Did the circuit court err when it found that an individual was unable to manage her affairs effectively because of physical and mental disabilities, and that no less restrictive form of intervention is available that is consistent with her welfare and safety?
Department of Health and Mental Hygiene alleges that the juvenile court ordered DHMH to provide specific services to Dustin after he turned 21, at which point Dustin would no longer be subject to the jurisdiction of the juvenile court, exceeding the authorization granted to the juvenile court. After reviewing the purported final judgment, we must conclude that this Court lacks the power to resolve[...]
The circuit court awarded rehabilitative alimony, child support and a distribution of marital property to the wife. Unhappy with the sums awarded, the wife appealed.
I. Did the trial court have jurisdiction over the second supplemental counterclaim where wife failed to file a financial statement prior to trial, husband did not file an answer, and wife never sought a judgment by default? II. Did the trial court err when it refused to dismiss the supplemental counterclaim under the doctrine of res judicata or, in the alternative, collateral estoppel? III. Did [...]
1. Was the trial court’s denial of the [a]ppellant’s [m]otion without granting the [a]ppellant a hearing he requested, legally correct when Maryland Rule 2-311(f) requires the trial court to hold a hearing before rendering a decision disposing of a claim or defense? 2. Did the trial court err in the calculation of the marital award as the calculation was made prior to the sale of the marita[...]
Father and Mother were married in Russia on July 12, 1998. Mother filed for absolute divorce on March 2, 2012, in the circuit court, citing a 12-month separation. She requested alimony, child support, and sole physical and legal custody of the children with visitation for Father.