(DOWNLOAD) "Potomac Electric Power Co. v. Smith" by Court of Special Appeals of Maryland # eBook PDF Kindle ePub Free
eBook details
- Title: Potomac Electric Power Co. v. Smith
- Author : Court of Special Appeals of Maryland
- Release Date : January 08, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 102 KB
Description
Article IV, ร§ 22, of the Maryland Constitution grants, with some exceptions, a right of appeal from a decision by a circuit court to a three-judge "court in banc." The court "in banc is established and functions `as a separate appellate tribunal," and the "purpose of the constitutional provision authorizing an in banc appeal was to provide a substitute or alternate for an appeal to the Court of Appeals," Board v. Haberlin, 320 Md. 399, 406, 578 A.2d 215, 218-219 (1990). "The decision of the court en banc is conclusive, final and non-appealable by the party who sought the en banc review. ... As to that party, a reservation of points or questions by the Court en banc is a substitute for an appeal to the Court of Appeals." Buck v. Folkers, 269 Md. 185, 186-187, 304 A.2d 826, 827 (1973). On the other hand, the appellee in the court in banc is not precluded from seeking review of the court in bancs decision by "the Court of Appeals [as] may be allowed by Law."