MARVIN MANDEL, Governor                                 369

SUBTITLE 5. REVIEW OF DECISIONS OF ORPHANS' COURTS.

SEC. 12-501. SPECIAL APPEALS TO COURT OF SPECIAL
APPEALS.

A PARTY MAY APPEAL TO THE COURT OF SPECIAL APPEALS
FROM A FINAL JUDGMENT OF AN ORPHANS' COURT. HOWEVER,
IF THE FINAL JUDGMENT WAS GIVEN OR MADE IN A SUMMARY
PROCEEDING, AND ON THE TESTIMONY OF WITNESSES, AN
APPEAL IS NOT ALLOWED UNDER THIS SECTION UNLESS THE
PARTY DESIRING TO APPEAL IMMEDIATELY GIVES NOTICE OF
HIS INTENTION TO APPEAL AND REQUESTS THAT THE
TESTIMONY BE REDUCED TO WRITING. IN SUCH CASE THE
TESTIMONY SHALL BE REDUCED TO WRITING AT THE COST OF
THE PARTY REQUESTING IT.

REVISOR'S NOTE:: This section combines §§9 and 10
of Art. 5, giving effect to recent
legislation regarding appellate jurisdiction.
The only changes made are in style.

SEC. 12-502. APPEAL TO CIRCUIT COURT OR SUPERIOR
COURT.

(A) IN GENERAL: EXCEPTION IN MONTGOMERY COUNTY.

INSTEAD OF A DIRECT APPEAL TO THE COURT OF SPECIAL
APPEALS PURSUANT TO § 12-501, A PARTY MAY APPEAL TO
THE CIRCUIT COURT FOR THE COUNTY OR TO THE SUPERIOR
COURT OF BALTIMORE CITY FROM A FINAL JUDGMENT OF AN
ORPHANS' COURT. THE APPEAL SHALL BE HEARD DE NOVO BY
THE APPELLATE COURT, AND IT SHALL GIVE JUDGMENT
ACCORDING TO THE EQUITY OF THE MATTER. THIS
SUBSECTION DOES NOT APPLY TO MONTGOMERY COUNTY.

REVISOR'S NOTE: This subsection is the substance
of Art. 5, §25, giving effect to recent
legislation regarding appellate jurisdiction.
The provision does not apply to Montgomery
County because that circuit court sits as an
orphans¹ court; Const. Art. IV, §20.
Obviously, a circuit court judgment cannot be
appealed to the same circuit court. The
appeal provided for by the last sentence of
§25 is now authorized by §§12-301 and
12—302(a). Provisions for transmitting
issues from an orphans' court to a court of
law are contained in Art. 93, §2-105. "Final
judgment" is defined in §12-101(f) to include
action of an orphans' court. The only other
changes made are in style.