Appellate Watch by Walter E. Laake


This column serves to advise you, our members, of issues of importance currently before our appellate courts. If you would be interested in dedicating an hour or two to assist us in review- ing these cases, please give my office a call at 301-220-2200. MTLA is very grateful to our volunteer members who have thus far contributed their time and effort in helping to make this sec- tion of Trial Reporter a success.


MTLA’s Volunteer Attorneys Reviewing Court Of Special Appeals Appellant Briefs


C. Christopher Brown Samuel M. Paavola Wayne M.Willoughby Evelyn Pisegna-Cook Douglas Clark Hollmann David G. Whitworth, Jr. Keith R. Siskind


Case # Case Name 21


Counsel for Appellant Area of Law


Bell v. Southern Maryland Hospital 107 132 226


Pittman v. Charles Contracting, Inc.


Alvin M. Miller, et ux. V. Alvin V. Miller


Van Powers 301-277-2311 Medical Negligence


Richard Titus 410-876-3183 Home Improvement/ Civil Procedure


Judge


Jurisdiction Smith/Prince


George’s County


Beck/Carroll County


Ronald Baradel 410-268-6600 Hotten/Prince George’s County


Jay Ashley Corporation v. Gary Greenwald 301-899-0660 Johnson/Prince John S. Burson, et al.


Foreclosure Law George’s County Issues


Did the court err in preventing appellants from introduc- ing evidence on the failure of the defendant to pass his medical board examinations and in preventing plaintiff, Demone Bell, a minor child and party to this action, from being present at the trial?


When granting a motion for judgment at the close of plaintiff ’s case, is the trial court required, pursuant to Rule 2-519(b), to make findings of fact and conclusions of law?


Did the trial court err in entering a $50,000 judgment on appellees’ counter-claim when it sought only $2,500 and there was no motion to amend the ad damnum clause?


Did the trial court err in overruling appellant’s exceptions to a foreclosure sale on the grounds that the trustee ap- peared late, began the sale 45 minutes after the sale was scheduled to start and accepted a written bid to purchase the secured property from the secured party who did not appear at the sale?


249


Burdette v. Rockville Crane Rental, Inc.


Paul T. Stein 301-340-2020 Motor Vehicle


Beard/Montgomery County


Did the trial court err in refusing to strike for cause a juror who approached the court after the first day of trial indi- cating that “she had made a mistake…I feel like I may be somewhat biased.”? Did the trial court also err in refusing to allow plaintiff’s expert, a Maryland State Police accident reconstructionist who investigated the accident, to give an opinion as to the cause of the collision on the basis that this would invade the province of the jury?


283 299


Ellis t/b/a Ellis Electrical Neil Bixler 410-752-8888 Contractors v. Asbestos Control Management, Inc.


Civil Procedure


Taurus Jackson, et al. v. Lawrence Triplett, et al.


316


Nichols/Prince George’s County


Kurt Fisher/Piper & Marbury Dudley/Howard 410-539-2530 Medicaid Relief


County


Robinson Export & Import Tracy S. Kissler 703-352-5066 Corp. t/a Reico Distributors 703-352-5066


v. Kimber & Associates, Inc. Civil Procedure/Discovery 34 Trial Reporter


Stepler/Frederick County


Did the court err in entering a judgment for $32,000 when the ad damnum clause, which was never amended, requested $20,000?


Did the trial court err in granting the State Department of Health & Mental Hygiene’s Motion to Dismiss a lawsuit that alleges that the plaintiff and other children’s pre-au- thorization requirements for medically necessary liver transplantations by DHMH violated the Medicaid Act?


Did the trial court abuse its discretion in dismissing with prejudice plaintiff’s case for failing to respond to discovery requests when opposing counsel in his motion for sanc- tions failed to certify the required discussions among counsel as required by the Maryland Rules?


Winter 2000


Vicki Wolfson Thomas McCarthy, Jr. Philip A. Dales, III Jack Jay Schmerling Joseph A. Miklasz Diane M. Littlepage Michael L. Wilsman


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