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385 Md. 728

Bienkowski v. Brooks

Court of Appeals of Maryland

Decided November 14, 2003

Court of Appeals of Maryland · decided 2003-11-14

Cited by 2 later decisions — most recently April 2005

2 state decisions

Key passage — most relied on by later courts

““I. Whether, in light of the wording of Article IV, § 22 of the Maryland Constitution, the Court of Special Appeals had jurisdiction to entertain and decide the merits of the appeal from the court en banc, and, in this connection, whether the notation in Estep v. Estep, 285 Md. 416 , 420-421 n. 4, 404 A.2d 1040 , 1042-1043 n. 4 (1979), is erroneous. “II. With regard to the ruling on the motion for a new trial, and if the Court of Special Appeals had jurisdiction to decide the merits of the appeal from the court en banc, whether the Court of Special Appeals should review the circuit judge’s decision for abuse of discretion, or should review solely the determination by the court en banc.””

quoted by 1 later decision, including Bienkowski v. Brooks

Relies on Estep v. Estep

Good law ✅— No negative treatment on recordhow we know

Decided 2003-11-14

View the full empirical analysis of this case →

¶1ORDER

¶2This case having been argued before this Court in the November, 2003 Session of Court, it is this 14th day of November, 2003,

¶3*729ORDERED, by the Court of Appeals of Maryland, that supplemental briefing and reargument be scheduled on the following additional issues set forth below:

1. Whether, in light of the wording of Article IV, § 22, of the Maryland Constitution, the Court of Special Appeals had jurisdiction to entertain and decide the merits of the appeal from the court en banc, and, in this connection, whether the notation in Estep v. Estep, 285 Md. 416, 420-421 n. 4, 404 A.2d 1040, 1042-1043 n. 4 (1979), is erroneous.
2. With regard to the ruling on the motion for a new trial, and if the Court of Special Appeals had jurisdiction to decide the merits of the appeal from the court en banc, whether the Court of Special Appeals should review the single circuit judge’s decision for abuse of discretion or should review solely the determination by the court en banc.

¶4and it is further

¶5ORDERED, that the petitioner’s supplemental brief shall be filed on or before December 15, 2003, and the respondent’s supplemental brief shall be filed on or before January 14, 2004, and it is further

¶6ORDERED, that the case shall be set for reargument during the February Session of Court at which the parties may argue the issues contained in their original briefs as well as the issues and arguments set forth in their supplemental briefs.

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