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Session Laws, 1973, Special Session
Volume 710, Page 366   View pdf image
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366                                       LAWS OF MARYLAND                             [Ch. 2

SECTION.

REVISOR'S NOTE: Paragraph (1) follows the language
of Md. Rule 1312. In general, the matter of
time for appeal has been left to rule (see
Md. Rules 812 and 1012, as well as 1312);
and see revisor's note to §12—201. But the
fact that the 1972 General Assembly decided
to retain certain specific statutory appeal
times (Chs. 181 and 349, Acts of 1972)
suggests the desirability of continued Code
treatment of the subject. This makes it
clear that Md. Rule 1312 is in fact subject
to the exceptions set forth in paragraph (2);
see Art. 26, §156(c) and (d).

The sections referred to are all in new Art.
21 of the Code, as enacted by Ch. 349, Acts
of 1972, effective January 1, 1973. The
subject matter of the sections was formerly
contained in Art. 53, §§39 & 39R, Art. 53,
§4, and Art. 52, §7; see also, as to the
last, Art. 26, §145A, as enacted by Ch. 181,
Acts of 1972. They all deal with various
landlord—tenant procedures except the last,
which covers grantee suits.

(C) DE NOVO AND ON RECORD APPEALS.

IN A CIVIL CASE IN WHICH THE AMOUNT IN CONTROVERSY
EXCEEDS $500, AND IN ANY CASE IN WHICH THE PARTIES SO
AGREE, AN APPEAL SHALL BE HEARD ON THE RECORD MADE IN
THE DISTRICT COURT. IN EVERY OTHER CASE, INCLUDING A
CRIMINAL CASE IN WHICH SENTENCE HAS BEEN IMPOSED OR
SUSPENDED FOLLOWING A PLEA OF NOLO CONTENDERE OR
GUILTY, AN APPEAL SHALL BE TRIED DE NOVO.

REVISOR'S NOTE: This subsection is the substance
of the de novo — non — de novo portion of
Art. 26, §156(a) as re-enacted by Ch. 181,
Acts of 1972. Subsections (b) and (e) , §156
are eliminated because the former is fully
covered by Md. Rule 1370 and the latter by
Art. IV, §18A of the Constitution. M.D.R. 4
provides for procedure for making the record
in the District Court.

The problem of the case in which there is no
amount in controversy (in which event there
would presumably be a de novo appeal, because
the amount would not exceed $500) is left for

 

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Session Laws, 1973, Special Session
Volume 710, Page 366   View pdf image
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