Tenant brought suit against landlord and others to enjoin sale of stock in landlord corporation under provision of lease granting tenant right of first refusal on sale or purchase of demised premises. The Circuit Court, Wicomico County, Lloyd L. Simpkins, J., dismissed tenant’s bill of complaint, and tenant appealed. The Court of Special Appeals, Gilbert,…
Following mortgage foreclosure sale of residential home, mortgagor filed exception to report of sale, objecting to proposed ratification of sale on grounds that auction had been improper because trustees had required any successful purchaser to pay a $295 attorney fee for review of settlement documents, a fee not provided for in the mortgage documents or…
Commercial tenant brought action for declaratory judgment construing phrase “the fair market value of the land only” as it appeared in lease’s option to purchase. The Circuit Court, Worcester County, Alfred T. Truitt, Jr., J., entered declaratory judgment. Tenant appealed, and the Court of Appeals, on its own initiative, issued a writ of certiorari. The…
Creditor filed adversary complaint seeking denial of Chapter 7 debtor’s discharge on the basis that debtor allegedly had knowingly made false oaths in connection with his bankruptcy petition and had failed to keep and preserve adequate financial records. Following transfer of the case, the United States Bankruptcy Court for the District of Maryland, James F….
Son who had lived on farm as a minor brought action against farm’s current owners claiming prescriptive easement for right-of-way across farm. The Circuit Court, Worcester County, Theodore R. Eschenburg, J., entered judgment for son. Farm owners appealed, and the Court of Special Appeals affirmed. Farm owners petitioned for writ of certiorari. The Court of…
Defendant was not found guilty of malicious destruction of property but was not criminally responsible due to a mental disorder, and she was ordered to pay restitution for property damage to police cars. After defendant filed for bankruptcy, the State filed a writ of garnishment of wages against defendant, and defendant asserted the restitution judgment…
Beneficiaries brought action against insurer to recover accidental death benefits for the insured’s death from autoerotic asphyxiation. The Circuit Court, Wicomico County, D. William Simpson, J., entered summary judgment in favor of the insurer. Beneficiaries appealed. The Court of Special Appeals, 145 Md.App. 567, 806 A.2d 274, Hollander, J., reversed. Insurer’s petition for certiorari was…
Grandparents filed petition for visitation with their grandchildren, who lived with their mother and father in intact nuclear family. The Circuit Court, Wicomico County, Alfred T. Truitt, Jr., J., denied petition, and grandparents appealed. Prior to hearing by the Court of Special Appeals, the Court of Appeals issued writ of certiorari. The Court of Appeals,…
Accounting firm brought action against former partner for alleged breach of noncompetition clause contained in partnership agreement. The Circuit Court, Wicomico County, D. William Simpson, J., entered judgment in favor of accounting firm, and former partner appealed. The Court of Special Appeals, Bishop, J., 78 Md.App. 205, 552 A.2d 1311, affirmed in part, reversed in…
