45 Md. App. 495 - Lowenthal v. Rome’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Section] 12-501 expressly gives a party the right to appeal to the Court of Special Appeals from a final judgment of an orphans’ court. The section combined former §§ 9 and 10 of Art. 5, giving effect to recent legislation regarding appellate jurisdiction, but otherwise, according to the Revisor, making only changes in style. The progenitors of § 12-501, however, appeared to speak in absolutes. Art. 5, § 64 as it appeared in the Codes of 1924, 1939 and 1951, and as § 60 in the Code of 1904, read: ‘From all decrees, orders, decisions and judgments, made by the orphans’ court, the party, who may deem himself aggrieved by such decree, order, decision or judgment, may appeal to the court of appeals.’ Chapter 399(4), Acts 1957, amended the section, and as codified as Art. 5, § 9 it read: ‘Any party may appeal to the Court of Appeals from any decree, order, decision or judgment of an orphans’ court.’ The amendment, in effect, merely omitted the language about an aggrieved party, presumably, in the view of the Court of Appeals, as surplusage.”

   1 later decision quote this exact passage · from the majority
   e.g. 162 Md. App. 526 - Knight v. Princess Builders, Inc.

2. “An appeal pursuant to this section shall be taken by filing an order for appeal with the register of wills within 30 days after the date of the final judgment from which the appeal is taken. Within 30 days thereafter the register of wills shall transmit a transcript of the proceedings to the court to which the appeal is taken unless the orphans’ court from which the appeal is taken extends the time for transmitting the transcript.”

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

3. “As we conclude the de novo hearing in this case is a new hearing requiring the appellate court to hear the case ab initio, and as we find Section 12-502 does not impose a duty to have the testimony written and filed with the court, we conclude that the trial judge erred in dismissing the appeal in this case. [Id. 45 Md. App. at 503 .]”

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