In a divorce case, a pension survivor benefit is an asset which is in play for division. Recently the Maryland Court of Special Appeals struck down a decision of the Carroll County Circuit Court which determined that a former husband had the right to make a selection of the options available for a survivor benefit which had been assigned to his wife. The appeals court […]
In a recent unreported Maryland Court of Special Appeals Case the trial court in a divorce case awarded no attorney’s fees to a wife after awarding her alimony. The appeals court held that this decision was erroneous. The appeals court made this determination because it claimed the proper analysis was not performed by the trial judge. This was because the husband had equity in the parties […]
In a recent unreported case, the Maryland Court of Special Appeals determined that a court can make custody determinations while the mother and father continue to reside together. This case involved some unique facts, however, this case is a marked change from prior treatment of custody disputes.
In an appeal of a divorce and custody decision in Prince George’s County, The Maryland Court of Special Appeals recently held that a father’s dishonesty concerning a conviction for sexual abuse of an adult does not result in mandatory modification of a visitation schedule mandating that the father have tiebreaker authority in certain decisions. Instrumental in the appellate court’s determination was the fact that the […]
It is well known that some people often falsely allege assault or other acts of domestic violence in order to remove their spouse or domestic partner from the home or gain sole or primary custody of a child. In the recent custody case of Rex v. Rex, an unreported case decided by the Maryland Court of Special Appeals. A mother filed several meritless order of […]
In a recently decided unreported Maryland Court of Special Appeals Decision the appellate court upheld the trial court’s determination to award the grandparents custody of the biological parent’s child. The trial court indicated that it awarded the grandparents custody because of the “craziness” in the parents’ house. Among other things, another woman lived with the parents and engaged in a sexual relationship with both of […]
In the recent unreported case of Young Electrical Contractors, Inc. v. Dustin Construction, Inc. the Maryland Court of Special Appeals reaffirmed the validity of a pay when paid clause. In this case a subcontractor sought payment for several change orders which were denied by the owner. The court held that the prime contractor had met all its obligations when it submitted the change order requests […]
Small business owners often use their “company” vehicles for personal travel. They also tend to be lax about the titling of these vehicles and they end up in personal names. Beware! In the Virginia case of Selective Way v. Apple, the Fourth Circuit held yesterday that a vehicle insured under a company policy was not insured under the commercial general liability policy where it was […]
The recent Maryland Court of Appeals case of Morton v. Schlotzhauer involved a personal injury claim brought, at the last minute, by a woman who had filed bankruptcy and failed to list her personal injury claim as an asset. When this oversight was discovered, the opposing party sought to dismiss her case. This is because if a person does not list and exempt the asset, […]
In a recent unreported case the Maryland Court of Special Appeals upheld a Circuit Court decision which found that a father’s conviction of a sex offense involving his wife’s 14-year-old sister did not warrant a change of his child’s name. The Court of Special Appeals determined that the sex offense did constitute the type of “extreme circumstances” which allowed the court to consider a name […]