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RULE 8-131. SCOPE OF REVIEW

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 8. Appellate Review in the Court of Appeals and Court of Special Appeals
Chapter 100. General Provisions
MD Rules, Rule 8-131
RULE 8-131. SCOPE OF REVIEW
(a) Generally. The issues of jurisdiction of the trial court over the subject matter and, unless waived under Rule 2-322, over a person may be raised in and decided by the appellate court whether or not raised in and decided by the trial court. Ordinarily, the appellate court will not decide any other issue unless it plainly appears by the record to have been raised in or decided by the trial court, but the Court may decide such an issue if necessary or desirable to guide the trial court or to avoid the expense and delay of another appeal.
(b) In Court of Appeals--Additional Limitations.
(1) Prior Appellate Decision. Unless otherwise provided by the order granting the writ of certiorari, in reviewing a decision rendered by the Court of Special Appeals or by a circuit court acting in an appellate capacity, the Court of Appeals ordinarily will consider only an issue that has been raised in the petition for certiorari or any cross-petition and that has been preserved for review by the Court of Appeals. Whenever an issue raised in a petition for certiorari or a cross-petition involves, either expressly or implicitly, the assertion that the trial court committed error, the Court of Appeals may consider whether the error was harmless or non-prejudicial even though the matter of harm or prejudice was not raised in the petition or in a cross-petition.
Committee note: The last sentence of subsection (b)(1) amends the holding of Coleman v. State, 281 Md. 538 (1977), and its progeny.
(2) No Prior Appellate Decision. Except as otherwise provided in Rule 8-304(c), when the Court of Appeals issues a writ of certiorari to review a case pending in the Court of Special Appeals before a decision has been rendered by that Court, the Court of Appeals will consider those issues that would have been cognizable by the Court of Special Appeals.
(c) Action Tried Without a Jury. When an action has been tried without a jury, the appellate court will review the case on both the law and the evidence. It will not set aside the judgment of the trial court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the trial court to judge the credibility of the witnesses.
Cross reference: Rule 2-519.
(d) Interlocutory Order. On an appeal from a final judgment, an interlocutory order previously entered in the action is open to review by the Court unless an appeal has previously been taken from that order and decided on the merits by the Court.
(e) Order Denying Motion to Dismiss. An order denying a motion to dismiss for failure to state a claim upon which relief can be granted is reviewable only on appeal from the judgment.
Source: This Rule is derived as follows:
Section (a) is derived from former Rules 1085 and 885.
Section (b) is derived from former Rule 813.
Section (c) is derived from former Rules 1086 and 886.
Section (d) is derived from former Rules 1087 and 887.
Section (e) is derived from former Rule 1009.

Credits

[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended April 5, 2005, eff. July 1, 2005.]

Editors' Notes

HISTORICAL NOTES
2005 Orders
The April 5, 2005, order deleted the cross reference following section (a).
MD Rules, Rule 8-131, MD R A CT AND SPEC A Rule 8-131
Current with amendments received through August 1, 2019.
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