Did the Circuit Court err in finding clear and convincing evidence of extrinsic fraud sufficient to vacate the judgment under Maryland Rule 2-535(b)?

Tagged with: baltimore city civil procedure Sept. Term 2011 Wright

At the jury trial of this civil case in the Circuit Court for Montgomery County, each of the three witnesses testified in Chinese. The appellant, Anna Ho (Ms. Ho), the plaintiff below, seeks a new trial because the court required that she elect to testify either in Chinese or in English.

Tagged with: civil procedure Montgomery County Rodowsky Sept. Term 2013

In an earlier case, the court entered judgment against Fidelity First Mortgage Company for damages arising out of a fraudulent foreclosure rescue scheme. Fidelity sought indemnification and contribution. The court entered judgment in favor of Fidelity. Dan filed a “Motion to Reconsider.” The court denied the motion. Dan argues that the court denied him due process because it did not hold a hearing pursuant to Rule 2-311(f) before denying his motion.

Tagged with: civil procedure Eyler D. foreclosure Prince George's County Sept. Term 2013

Appellant is an inmate at the Jessup Correctional Institution. In April 2013, Jackson’s parole was revoked and 750 diminution credits were rescinded, from which he appealed to the Circuit Court for Anne Arundel County In this appeal, the only issue before us is whether the court abused its discretion in denying his motion to reconsider the previous denial of his fee waiver request.

Tagged with: Anne Arundel civil procedure Sept. Term 2013 Wright

Civil Procedure Preservation for appeal  BOTTOM LINE: Defendant waived right to assert on appeal lack of probable cause for police search leading to defendant’s ultimate arrest and conviction because claim was not raised or decided in circuit court and record ...

Tagged with: breaking news civil procedure Law legal news maryland maryland court of appeals opinions

Civil Procedure Default judgment BOTTOM LINE: Where trial court entered default judgment in favor of plaintiff including determination as to liability and all relief sought, and defendant did not move to vacate order of default, defendant was not entitled to ...

Tagged with: civil procedure criminal law Law opinions

Civil Procedure Motion to withdraw as counsel BOTTOM LINE: The circuit court’s order rejecting an attorney’s request to withdraw as counsel in a civil action is appealable under the collateral order doctrine. CASE: In The Matter of the Motion of ...

Tagged with: breaking legal news civil procedure maryland Maryland Court of Special Appeals maryland legal news

Civil Procedure Demand for jury trial BOTTOM LINE: A case information report form is neither a “paper” nor a “pleading” and it is, therefore, not a proper means of demanding a civil jury trial pursuant to Rule 2-325. CASE: Duckett ...

Tagged with: civil procedure maryland maryland court of appeals Maryland Court of Special Appeals opinions

Administrative Law, Private cause of action: TP §21-809, which authorizes the use of speed monitoring systems on certain roads, does not provide an express or implied private cause of action in tort.Baker v. Montgomery County, No. 124, September Term, 2011. ...

Tagged with: administrative law civil procedure court criminal law law digest maryland opinions

Civil Procedure Jurisdiction over foreign corporation BOTTOM LINE: Foreign corporations possessed sufficient contacts with the state to support the court’s exercise of personal jurisdiction over them, because the corporations purposefully availed themselves of privilege of conducting activities in forum state, ...

Tagged with: civil procedure Law maryland maryland court of appeals opinions