RULE 8-602. DISMISSAL BY COURT
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023
Effective: July 1, 2023
MD Rules, Rule 8-602
RULE 8-602. DISMISSAL BY COURT
(d) Determination by Court. An order of the court dismissing an appeal or denying a motion to dismiss an appeal may be entered by the Chief Justice or Chief Judge, an individual justice or judge of the court designated by the Chief Justice or Chief Judge, or the number of justices or judges required by law to decide an appeal.
Cross reference: For the number of justices or judges required by law to decide an appeal, see Maryland Constitution, Article IV, § 14 and Code, Courts Article, § 1-403.
(2) Number of Judges; Exception. A motion for reconsideration shall be determined by the number of justices or judges required by law to decide an appeal, except that an individual justice or judge who entered an order of dismissal may rescind the order and reinstate the appeal. The justices or judges who determine the motion for reconsideration may include one or more of the justices or judges who entered the order of dismissal.
Committee note: Although an individual justice or judge who entered an order of dismissal may rescind the order and reinstate the appeal upon a timely filed motion for reconsideration, a motion for reconsideration of the dismissal may be denied only by the number of justices or judges required by law to decide an appeal.
(f) Judgment Entered after Notice Filed. A notice of appeal filed after the announcement or signing by the trial court of a ruling, decision, order, or judgment but before entry of the ruling, decision, order, or judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket.
(1) If the appellate court determines that the order from which the appeal is taken was not a final judgment when the notice of appeal was filed but that the lower court had discretion to direct the entry of a final judgment pursuant to Rule 2-602 (b), the appellate court, as it finds appropriate, may (A) dismiss the appeal, (B) remand the case for the lower court to decide whether to direct the entry of a final judgment, (C) enter a final judgment on its own initiative, or (D) if a final judgment was entered by the lower court after the notice of appeal was filed, treat the notice of appeal as if filed on the same day as, but after, the entry of the judgment.
(2) If, upon remand, the lower court decides not to direct entry of a final judgment pursuant to Rule 2-602 (b), the lower court shall promptly notify the appellate court of its decision and the appellate court shall dismiss the appeal. If, upon remand, the lower court determines that there is no just reason for delay and directs the entry of a final judgment pursuant to Rule 2-602 (b), the case shall be returned to the appellate court after entry of the judgment. The appellate court shall treat the notice of appeal as if filed on the date of entry of the judgment.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended March 30, 1993, eff. July 1, 1993; Dec. 10, 1996, eff. July 1, 1997; April 8, 1997, eff. Oct. 1, 1997; Oct. 31, 2002, eff. Jan. 1, 2003; April 5, 2005, eff. July 1, 2005; Sept. 10, 2009, eff. Oct. 1, 2009; Dec. 7, 2015, eff. Jan. 1, 2016; April 9, 2018, eff. July 1, 2018; Feb. 9, 2022, eff. April 1, 2022; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 8-602, MD R A CT AND SPEC A Rule 8-602
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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