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Civil Practice

Nov 22, 2024

Civil Practice – Appellate Jurisdiction – Deadline for Service

In cases governed by Rule 203, a notice of appeal from a criminal contempt conviction imposed on or after the date of this opinion must be served on the Attorney […]

Oct 14, 2024

Civil Practice – Freedom of Information Act – Attorneys’ Fees

There is sufficient evidence in the record to affirm the circuit court’s finding that the County violated FOIA. Though we agreed with the circuit court that Respondent/Appellant partially prevailed and […]

Sep 11, 2024

Civil Practice – Motion for a New Trial Nisi Additur – Motion for Setoff

The trial court applied the correct standard for decision in granting plaintiffs’ motion for a new trial nisi additur, acted within its discretion in finding the jury verdict inadequate, and […]

Sep 11, 2024

Civil Practice – Notice Posted in a ‘Conspicuous’ Place – Take Exclusive Physical Possession of the Property

The required notice was not posted in a conspicuous place. We reversed the court of appeals. Alvetta Massenberg appealed the master-in-equity’s refusal to set aside a delinquent tax sale of […]

Aug 21, 2024

Civil Practice – Damages Award – Refusal to Set Aside Entry of Default

The master-in-equity did not err in denying Appellants’ motion to set aside the entry of default. However, the master did err in awarding prejudgment interest on any of the damages […]

Aug 12, 2024

Civil Practice – Derivative Action – ‘Class of One’

Appellant could not fairly and adequately represent respondent firm in a derivative action as a “class of one.” We affirmed the order granting summary judgment in favor of Majority Members. […]

Aug 12, 2024

Civil Practice – Severance Agreement – Extrinsic Evidence

The severance agreement’s language regarding valuation of appellant’s membership units created an ambiguity, preventing summary judgment. We reversed and remanded. In this declaratory judgment action, Donza H. Mattison appealed the […]

Aug 12, 2024

Civil Practice – Trial by Jury – Character of Easement

The circuit court erred in referring the matter to the master because appellant was entitled to a trial by jury and sought to invoke that right in its complaint. Further, […]

Aug 12, 2024

Civil Practice – Discovery of Records Pertaining to DSS Adoption Proceedings – Good Cause

A trial court’s determination that Department of Social Services’ files and records are discoverable under the Rules of Civil Procedure constitutes “good cause.” The order of the family court is […]

Aug 5, 2024

Civil Practice – Class Certification – Federal Rule of Civil Procedure 23

The district court did not abuse its discretion in declining to certify any class. We affirmed the district court’s ruling denying class certification and remanded for further proceedings on appellants’ […]

Aug 5, 2024

Civil Practice – Certificate of Appealability – Service of Timely Notice

A district court cannot assume that service of timely notice means receipt of timely notice once the petitioner/plaintiff has rebutted that presumption through a specific factual denial. We vacated the […]

Jul 18, 2024

Civil Practice – Prior Settlement Agreement – Discovery

The district court did not err in deciding the motion without discovery. Further, the settlement agreement’s indemnification clause was not improper. We affirmed. Kiril Zahariev appealed from the district court’s […]


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