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Session Laws, 2003
Volume 799, Page 715   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(II)     1. ON ITS OWN INITIATIVE THE COURT MAY STAY THE
ACTION; AND

2. EXCEPT AS PROVIDED IN § 14-215 OF THIS SUBTITLE, ON
MOTION BY A PERSON IN EMERGENCY MANAGEMENT SERVICE, PERSON SUFFERING
INJURY OR DAMAGE, OR ANOTHER PERSON ACTING ON BEHALF OF THAT PERSON,
THE COURT SHALL STAY THE ACTION; OR

(III)   THE COURT MAY OTHERWISE DISPOSE OF THE CASE AS IT
CONSIDERS EQUITABLE TO PRESERVE THE INTERESTS OF THE PARTIES.

(2) THE COURT NEED NOT STAY THE ACTION IF THE COURT FINDS THAT
THE ABILITY OF THE DEFENDANT TO COMPLY WITH THE TERMS OF THE CONTRACT
WAS NOT MATERIALLY AFFECTED BECAUSE THE DEFENDANT WAS A PERSON IN
EMERGENCY MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR DAMAGE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 16A, §§ 14(d) and 23(a) and (c).

In the introductory language of subsection (a)(1) and in subsection (a)(1)(i)
and (2) of this section, the reference to an "assignee" is substituted for the
former reference to an "assignor" for accuracy. The Public Safety Article
Review Committee notes these substitutions for consideration by the
General Assembly.

In the introductory language of subsection (a)(1) of this section, the phrase
"with the option to" is substituted for the former obsolete phrase "with a
view to" for clarity and accuracy.

In subsection (a)(3) of this section, the reference to the period "during or
after the period that a party to the contract is a person in emergency
management service" is substituted for the former reference to "during or
after the period of military service of the person concerned" for clarity and
to use the defined term. This section covers a person in emergency
management service or a person suffering injury or damage, not a person
in military service.

In subsection (b)(1)(i)2 of this section, the phrase "on motion" is substituted
for the former obsolete phrase "on application to it" for clarity and
consistency throughout this subtitle.

In subsection (b)(2) of this section, the reference to a "person suffering
injury or damage" is added for consistency throughout this section.

Defined terms: "Court" § 14-201
"Person" § 1-101

"Person in emergency management service" § 14-201
"Person suffering injury or damage" § 14-201

14-214. MORTGAGES.

(A) SCOPE OF SECTION.

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Session Laws, 2003
Volume 799, Page 715   View pdf image
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