136 Md. App. 203 - Langston v. Langston’s Empirical Analysis

Citation profile

16 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the advent of a determination by a court in banc adverse to the nonmoving party, section 22 provides that such a decision “shall not preclude the right of Appeal, or writ of error to the adverse party, in those cases, civil or criminal, in which appeal, or writ of error to the Court of Appeals may be allowed by Law.” Md. Const., Art. IV, § 22. This “right of Appeal” is nonetheless subject to the caveat, found in the final clause of section 22, that it, along with the rest of section 22, “shall be subject to such provisions as may hereafter be made by Law.” While prior to creation of the Court of Special Appeals in 1966, see 1966 Md. Laws, ch. 11, § 1, this Court was the sole tribunal before which any right of appeal from a court in banc could possibly have been exercised, this is no longer the case. Acting pursuant to the power granted it by section 14A of Article IV of the Maryland Constitution, the General Assembly has enacted sections 12-307 and 12-308 of the Code’s (1974, 1978 Cum. Supp.) Courts Article by which it has made clear its intent that, unless some specific legislative enactment provides otherwise, see, e.g., Md.Code (1974 & 1978 Cum.Supp.), §§ 12-305, -403 of the Courts Article (appeal from final judgment in the District Court of Maryland is to be the circuit court with further review only upon grant of writ of certiorari by the Court of Appeals), the Court of Appeals should no longer consider initially any appeal that is granted as of right, but that such a”

   1 later decision quote this exact passage · from the majority
   e.g. 150 Md. App. 87 - Brooks v. Bienkowski

2. “... we agree with the in banc panel that the Agreement does not permit Dr. Langston to reduce his alimony obligation without a court order. We also concur with the in banc panel that the terms of the Agreement do not permit modification of alimony retroactive to a date preceding the filing of a request. Therefore, we reject the trial judge’s conclusion to the contrary. To be sure, the parties could have included such terms in their Agreement, but they failed to do so. We disagree, however, with the in banc panel’s conclusion that Maryland statutory law bars modification of alimony retroactive to a date preceding the filing of a request. Although that view seems to be the general perception among lawyers and the bench, we believe that Maryland law makes such a determination a matter for the trial court in the exercise of its discretion.”

   1 later decision quote this exact passage · from the majority
   e.g. Langston v. Langston

3. “The court may modify any provision of a deed, agreement, or settlement with respect to alimony or spousal support executed on or after April 13, 1976, regardless of how the provision is stated, unless there is: (1) an express waiver of alimony or spousal support; or (2) a provision that specifically states that the provisions with respect to alimony or spousal support are not subject to any court modification.”

   1 later decision quote this exact passage · from the majority
   e.g. Langston v. Langston