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Session Laws, 1973, Special Session
Volume 710, Page 236   View pdf image
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236                                            LAWS OF MARYLAND                                [Ch. 2

EXCEPT AS PROVIDED IN THIS SECTION, A CASE
TRANSFERRED FROM THE DISTRICT COURT TO A CIRCUIT COURT
FOR TRIAL SHALL BE DEEMED TO HAVE ORIGINATED IN THE
CIRCUIT COURT AND THE PARTIES ARE ENTITLED TO REMOVAL
AS PROVIDED BY RULE OR LAW.

(B) EXCEPTION.

THIS SECTION DOES NOT APPLY TO AN APPEAL FROM A
FINAL JUDGMENT OF THE DISTRICT COURT.

REVISOR'S NOTE: This section is new language
derived from Art. 75, §45, as amended by Ch.
318, Acts of 1973. This section expressly
authorizes removal only as provided in Art.
75, §44. The right of removal is covered in
the Constitution (Art. IV, §8) and by Rules
510, 515, 542, and 562.

SEC. 6-405. SUIT BY INFANT.

(A)   IN GENERAL.

ANY ACTION, INCLUDING ONE IN THE NAME OF THE
STATE, BROUGHT BY A NEXT FRIEND FOR THE BENEFIT OF A
MINOR MAY BE SETTLED BY THE NEXT FRIEND.

(B)   LIMITATION.

IF THE NEXT FRIEND IS NOT A PARENT OR PERSON IN
LOCO PARENTIS OF THE CHILD, THE SETTLEMENT IS NOT
EFFECTIVE UNLESS APPROVED BY THE PARENT OR OTHER
PERSON RESPONSIBLE FOR THE CHILD.

(C)    WHERE NO PARENT OR OTHER PERSON RESPONSIBLE.

IF BOTH PARENTS ARE DEAD, AND THERE IS NO PERSON
RESPONSIBLE FOR THE CARE AND CUSTODY OF THE CHILD, THE
SETTLEMENT IS NOT EFFECTIVE UNLESS APPROVED BY THE
COURT IN WHICH THE SUIT WAS BROUGHT. APPROVAL MAY BE
GRANTED ONLY ON THE WRITTEN APPLICATION BY THE NEXT
FRIEND, UNDER OATH, STATING THE FACTS OF THE CASE, AND
WHY THE SETTLEMENT IS IN THE BEST INTEREST OF THE
CHILD.

REVISOR'S NOTE: This section is new language
derived from Art. 75, §22, as amended by Ch.
651, Acts of 1973. The section is
substantively changed to allow the court in
which a suit is brought to approve a
settlement, rather than requiring approval of

 

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Session Laws, 1973, Special Session
Volume 710, Page 236   View pdf image
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