Carver v. RBS Citizens, N.A.

The Court of Appeals vacated the judgment of the Court of Special Appeals dismissing an appeal, on its own initiative, as premature and remanded the case to that court with instructions to treat the notice of appeal as timely filed, holding that the appeal should proceed on the merits in the Court of Special Appeals.Petitioner petitioned for a writ of certiorari, arguing that he timely filed the notice of appeal and that the appeal should be reinstated. The Court of Appeals exercised its discretion to hold that, under the circumstances of this case and pursuant to Maryland Rule 8-602(g)(1)(D), Petitioner’s notice of appeal should be treated as if it were filed on the same day as but after the entry of the trial court’s final judgment. View "Carver v. RBS Citizens, N.A." on Justia Law