Immediately Appealable Interlocutory Orders
If answers to any one of the following
three questions is in the affirmative, you may immediately appeal the interlocutory order at issue: 1. Does the order fall within the ex- ceptions set forth in Sections 12-303 or 12-304 of the Courts Article?
2. Is the order immediately appealable under the collateral order doctrine?
3. Is the order immediately appeal- able under the Stein exception?
4. Does the order exceed the trial court’s jurisdiction in the sense that the trial court lacked the authority to enter the order at issue?
1. Statutory Exceptions, Sections 12- 303 and 12-304 of the Courts Article: Section 12-303 of the Courts Article pro- vides that a party to a civil case may appeal from any of the following interlocutory orders entered by a circuit court: (1) An order entered with regard to the possession of property with which the action is concerned or with reference to the receipt or charging of the income, inter- est, or dividends therefrom, or the refusal to modify, dissolve, or discharge such an order.
(2) An order granting or denying a motion to quash a writ of attach- ment.
(3) An order: (i) Granting or dissolving an in- junction, but if the appeal is from an order granting an in- junction, only if the appellant has first filed his answer in the cause.
(ii) Refusing to dissolve an injunc- tion, but only if the appellant has first filed his answer in the cause.
(iii) Refusing to grant an injunction [.]
(iv) Appointing a receiver but only if the appellant has first filed his answer in the cause.
(v) For the sale, conveyance, or de- livery of real or personal property or the payment of money, or the refusal to rescind or discharge such an order, un- less the delivery or payment is directed to be made to a receiver appointed by the court.
(vi) Determining a question of right between the parties and direct- ing an account to be stated on the principle of such determina- tion.
Summer 2000 Trial Reporter 25
(vii) Requiring bond from a person to whom the distribution or de- livery of property is directed, or withholding distribution or de- livery and ordering the retention or accumulation of property by the fiduciary or its transfer to a trustee or receiver, or deferring the passage of the court’s decree in an action under Title 10, Chapter 600 of the Maryland Rules.
(viii) Deciding any question in an in- solvency proceeding brought under Title 15, Subtitle 1 of the Commercial Law Article.65
(ix) Granting a petition to stay arbi- tration pursuant to Section 3-208 of this Article.66
(x) Depriving a parent, grandpar- ent, or natural guardian of the care and custody of his child, or changing the terms of such an order.
67
Section 5-525 (b) of the Courts Article pro- vides, in part, that: “A member of a state legislature...who, in good faith, provides a con- stituent service is not civilly liable for any act or omission related to the constituent service and within the scope of the public duties of the member.”
68 65
Title 15, Article 1 of the Commercial Law Article establishes certain preferences and pri- orities in insolvency proceedings. See Md. Com. Law Code Ann. § 15-101 et seq. (1990. & Supp. 1999).
66
Pursuant to § 3-208(a) of the Courts Article, “If a party denies existence of the arbitration agreement, he may petition a court to stay commenced or threatened arbitration proceed- ings.”
69
Section 5-526 (a) of the Courts Article pro- vides, in part, that: “A member of a state legislature...who makes a communication on behalf of a constituent is not civilly liable for defamation unless the communication is false and made with knowledge of or in reckless disregard of its falsity.”
Flower World of America, Inc. v. Whittington, 39 Md. App. 187, 192 (1978). See also Ringgold’s Case, 1 Bland 5, 13 (1824); Della Ratta v. Dixon, 47 Md. App. 270, 279, 284 (1980).
(xi) Denying immunity asserted under § 5-52567 of this Article.
or § 5-52668
The common purpose of the Section 12- 303 exceptions is to avert the irreparable harm which might ensue if a party were required to obtain a final judgment be- fore taking an appeal.69
The courts have
routinely acknowledged the propriety of appeals from interlocutory orders grant- ing, dissolving, or refusing to grant or dissolve injunctions under Section 12-
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