MARVIN MANDEL, Governor                                 355

§§1, 2, 3, 5, 6, 8, 12, 13, and 19. The
portion of §8, permitting an appeal under its
provisions only when the court consents, has
been eliminated. It seems anomolous to
permit an appeal only with the permission of
the very court whose decision is being
appealed. "Final judgment" is defined in
§12-101(f). "Circuit court" includes the
various Supreme Bench courts; Sec. 1-101(d).
No change is intended in the general rules as
to appealability, with one exception. That
exception is contained in the second
sentence, permitting an appeal from a
decision made in the exercise of original
special, limited, statutory jurisdiction.
The present case law is to the contrary; see

Simpler v. State ex rel. Boyd, 223 Md. 456,

165 A 2d. 464 (1960). This rule constitutes
something of a trap, in view of the broad
general language of both Art. 5, §§1 and 6,
and proposed §12-301. When legislators
create such a jurisdiction, they often may
not realize that no appeal will be permitted.
Thus, after the Simpler decision, the
legislature adopted Ch. 49, Acts of 1962,
permitting an appeal from a decision awarding
judgment against the Unsatisfied Claim and
Judgment Fund Board; see Art. 66 1/2, §7-635.
It seems more reasonable to let the broad
general language include appeals in such
cases unless the legislature expressly
decides to deny them. This approach will
eliminate the necessity of deciding whether a
given jurisdiction is common law or special,
limited and statutory; Montchester Gun Club,
Inc. v. Honga River Gun Club, Inc., 257 Md.
79, 262 A. 2d. 312 (1970). It will also
permit the repeal of numerous special appeal
provisions, such as Art. 1, §18, Art. 16,
§§66K and 84, Art. 26, §70-25, Art. 31A, §7,
Art. 87, §15 (last clause), etc. No change
in the law is made as to appealability of
circuit court judgments in the exercise of an
appellate jurisdiction; see §§12—302(a) and
12—305. As to appeals in contempt cases, see
§12-304. As to court in which review may be
sought, see §12-306.

The last sentence contains the substance of
Art. 5, §13.