Family Law Digest Use the topic and case indexes at the back of this issue to find the full-text opinions that are of most interest to you.
IN THE COURT OF SPECIAL APPEALS: FULL TEXT UNREPORTED OPINIONS TIME TO APPEAL; SECOND REVISORY MOTION Craig Bash v. Margaret Bash No. 264, September Term 2023 Argued before: Friedman, Shaw, Getty (specially assigned), JJ. Opinion by: Getty, J. Filed: Oct. 3, 2024 The Appellate Court dismissed the husband’s appeal from the Montgomery County Circuit Court’s denial of his second revisory motion. A second revisory motion does not extend the appeal time pursuant to Rule 8-202(c) because to “interpret the rule in that manner would permit a party to extend the time for appeal ad infinitum based on the filing of successive motions within ten days after denial of the immediately preceding motion.”
TRUSTEE REMOVAL; VIOLATION OF COURT ORDERS; FIDUCIARY DUTIES In the matter of Iva Johnson No. 435, September Term 2023 Argued before: Nazarian, Zic, Robinson (specially assigned), JJ.
APPEAL; RECONSIDERATION; TIMELINESS James Rood v. Tracy Rood No. 564, September Term 2023 Argued before: Zic, Albright, Kenney (retired; specially assigned), JJ. Opinion by: Zic, J. Filed: Sept. 17, 2024 The Appellate Court held the husband failed to timely appeal from the Baltimore County Circuit Court’s June 27, 2022, judgment of absolute divorce or its Nov. 22, 2022, opinion resolving reserved issues. Because husband’s motion under Rule 2-534 was not filed within 10 days of the Nov. 22, 2022, judgment, Rule 8-202(c) was not invoked; as a result, husband did not have an additional 30 days to appeal the Nov. 22, 2022, judgment from when the court denied his motion for reconsideration.
PARENTAL RIGHTS; TERMINATION; BEST INTERESTS In Re A.W., J.W., C.W. No. 14, September Term 2024 Argued before: Tang, Kehoe, Harrell (retired; specially assigned), JJ. Opinion by: Kehoe, J Filed: Sept. 16, 2024 The Appellate Court affirmed the Baltimore County Circuit Court’s termination of mother’s parental rights, who previously had been adjudicated children in need of assistance. The court’s findings were supported by ample evidence from which it could conclude that mother was unfit and that exceptional circumstances made the continuation of mother’s parental relationship detrimental to the best interests of the children. The court did not err or abuse its discretion in its factual findings or in its ultimate determination that the termination of mother’s parental rights was in the best interest of each child.
Opinion by: Zic, J. Filed: Sept. 20, 2024 The Appellate Court affirmed the Montgomery County Circuit Court’s removal of Kevin Johnson as trustee of the Iva E. Johnson Revocable Trust. The circuit court supported its conclusion that Mr. Johnson failed to administer the Trust effectively and competently by crediting relevant testimony presented at the hearing. Next, there are evidentiary facts sufficiently supporting the inference made by the trial court that Mr. Johnson violated court orders. And substantial evidence was presented in the show cause hearing to support the conclusion that Mr. Johnson failed to perform his fiduciary duties.
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CUSTODY; PENDENTE LITE; CHILDREN Mason Inko-Tariah v. Patience Okereke No. 196, September Term 2024 Argued before: Nazarian, Beachley, Eyler (retired; specially assigned), JJ. Opinion by: Eyler, J. Filed: Sept. 6, 2024 The Appellate Court affirmed the Baltimore County Circuit Court’s order establishing a custody schedule for the parties’ three minor children. The circuit court was under no obligation to adopt the pendente lite access schedule, regardless of whether that schedule had been agreed to by the parties. Furthermore, the children’s circumstances were markedly different at the time of trial than at the time the pendente lite custody agreement was put in place. In any event, to the extent that the court did alter the pendente lite custody arrangement, those alterations were minor. Maryland Family Law Update • October 2024
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