Wednesday, October 22, 2014

MARYLAND "IN BANC" REVIEW: "THE POOR PERSON'S APPEAL"

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Alan Sanford REMSON v. Karen KRAUSEN f/k/a Karen Remson, Court of Special Appeals of Maryland, No. 2187, Sept. Term, 2010. Decided: June 28, 2012: 
An "in banc" panel review has been endearingly referred to as "the poor person's appeal." 
Washabaugh v. Washabaugh, 285 Md. 393, 396, 404 A.2d 1027 (1979) (citing Roth v. The House of Refuge, 31 Md. 329, 333 (1869)) (internal quotations omitted). This moniker stemmed from the sentiment that Article IV, § 22 of the Maryland Constitution was enacted “to offer disappointed litigants an alternative method of review that was faster and less expensive than an appeal to the Court of Appeals, and that avoided the necessity of traveling to Annapolis.” Montgomery County v. McNeece, 311 Md. 194, 201, 533 A.2d 671 (1987).

The decision of the 3-judge in banc panel is final and non-appealable by the person who sought the in banc panel review [see, Maryland Rule 2-551; McNeece at 198, 533, A. 2d671 (Citing Buck v. Folkers, 269 Md.185, 186-87, 304 A. 2nd826 (1973); Bd. of Med. Examiners v. Steward, 207 Md. 108, 111-12, 113 A.2d426 (1955); Costigin v. Bond, 65 Md. 122, 3 A.285 (1886)].
 

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