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RULE 7-114. DISMISSAL OF APPEAL

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 7. Appellate and Other Judicial Review in Circuit Court
Chapter 100. Appeals from the District Court to the Circuit Court
Effective: April 1, 2022
MD Rules, Rule 7-114
RULE 7-114. DISMISSAL OF APPEAL
(a) On Motion or Court's Initiative. A circuit court may dismiss an appeal pursuant to this Rule on motion or on the court's own initiative.
(b) When Mandatory. The circuit court shall dismiss an appeal if:
(1) the appeal is not allowed by law;
(2) the notice of appeal was not filed with the District Court within the time prescribed by Rule 7-104; or
(3) an appeal to be heard de novo was dismissed by the appellant pursuant to Rule 7-112(f)(1).
(c) When Discretionary. The circuit court may dismiss an appeal if:
(1) the appeal was not properly taken pursuant to Rule 7-103;
(2) the record was not transmitted within the time prescribed by Rule 7-108, unless the court finds that the failure to transmit the record was caused by the act or omission of a judge, a clerk of court, a court reporter, or the appellee;
(3) the case has become moot; or
(4) the appellant fails to appear for trial or any other proceeding on appeal.
Cross reference: See Rule 7-105 allowing the District Court to strike a notice of appeal for certain reasons, including failure to file the notice of appeal within the time prescribed by Rule 7-104. See Rule 7-112(f)(1) and its Committee note regarding dismissal where the appellant fails to appear.
Source: This Rule is derived from former Rule 1335.

Credits

[Adopted March 30, 1993, eff. July 1, 1993. Amended September 10, 2009, eff. Oct. 1, 2009; April 9, 2018, eff. July 1, 2018; Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 7-114, MD R CIR CT Rule 7-114
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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