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Md. high court rejects bank’s pursuit of mortgage reformation
The Court of Appeals rejected a second attempt to reform a mortgage and foreclose on a Cockeysville couple’s property Monday, finding the bank trustee was barred by claim and issue preclusion from bringing the second lawsuit. The Court of Appeals affirmed a trial judge’s ruling in favor of the property owners, holding that res judicata and collateral […]
Altering child’s surname requires change in circumstances, Md. court says
A Maryland appeals court has ordered that a son’s surname revert to that of his mother, saying a lower court had improperly given the father a second chance to have the boy’s name changed to his.
REGINALD STEPHONE TUCKER v. STATE OF MARYLAND
Appellant filed a petition for a writ of actual innocence and requested a hearing. Appellant asserted that the court improperly instructed the jury as to the mens rea required for the crime of attempted murder. The court denied appellant’s petition without a hearing. Appellant presents one issue: Whether the lower court erred by failing to grant a hearing on the merits.
BACK RIVER, LLC, ET AL. v. BALTIMORE COUNTY, MARYLAND, ET AL.
Years after being denied a variance for noncompliance with setback requirements, Sprint filed a petition for special hearing, asserting a new legal theory under which the existing tower was actually in compliance with the setback regulations. An ALJ ruled otherwise and also held that the new petition was barred under the doctrine of res judicata.
NANCY BUPP, ET AL. v. THE COMMISSIONERS OF LEONARDTOWN
After homeowners accepted $54,000 in damages on their nuisance claim for diminution in property value due to successive sewage overflows, their claim for future overflows was barred by res judicata.
DAVID KISSI v. BANK OF AMERICA, N.A., ET AL.
In fact, the only substantive difference between the complaints was that the Kissis were seeking $60,000 in the instant case, compared to $3,000,000 in the prior case.
