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Session Laws, 1970
Volume 695, Page 179   View pdf image
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Marvin Mandel, Governor                            179

The sole purpose of this section is to distinguish those appeals
which are subject to the exclusive jurisdiction of the Court of Spe-
cial Appeals from those appeals which are subject to the exclusive
jurisdiction of the Court of Appeals. Nothing in this section should
be construed to create a right to appeal from any order, decree,
judgment or other action, or to abrogate any right of appeal granted
by any other section of this Code or by any other laws of this State.

5B.

When it shall appear that an appellant is or may be entitled to
have an appeal heard and determined in the Court of Appeals or in
the Court of Special Appeals,, but not in the appellate court to
which an appeal has been taken or transferred, the appeal shall not
on that account be dismissed; but the case shall be transferred by
an order of the court to which the appeal was improperly taken
or by the Court of Appeals to the docket of the proper court, upon
such terms as to payment of costs, including reasonable attorneys'
fees, as the order may provide.

6.

Any party may appeal to the Court of Appeals from any final
decree, or order in the nature of a final decree, entered by a court
of equity [.] unless the final decree or order is entered in a case
or proceeding subject to the appellate jurisdiction of the Court of
Special Appeals, in which event any party may appeal to the Court
of Special Appeals from any such decree or order.

7.

Any party may appeal to the Court of Appeals from any of the
following interlocutory orders entered by or actions of a court of
equity [.] unless the order is entered or the action is taken in a
case or proceeding subject to the appellate jurisdiction of the Court
of Special Appeals, in which event any party may appeal to the
Court of Special Appeals from any such order or action.

(a)    An order granting or dissolving an injunction.

(b)    A refusal to dissolve an injunction.

(c)   A refusal to grant an injunction; and such right of appeal shall
not be prejudiced by the filing of an answer to the bill of com-
plaint or petition for an injunction on behalf of any opposing party,
nor by the taking of depositions in reference to the allegations of
the bill of complaint to be read on the hearing of the application
for an injunction.

(d)    An order appointing a receiver.

(e)    An order, remedial in its nature, adjudging in contempt of
court any party to a cause or any person not a party thereto,
except orders entered requiring the payment of alimony.

(f)    An order for the sale, conveyance or delivery of real or per-
sonal property or the payment of money, or the refusal to rescind
or discharge such an order, unless such delivery or payment is di-
rected to be made to a receiver appointed by the court.

 

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Session Laws, 1970
Volume 695, Page 179   View pdf image
 Jump to  
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