Court of Appeals of Maryland.https://leagle.com/images/logo.png
April 11, 2005.
Reconsideration Denied June 7, 2005.
Attorney(s) appearing for the Case
Daniel M. Clements (John E. Raine, III, Salsbury, Clements, Bekman, Marder & Adkins, LLC, Baltimore, Clay M. Barnes, John E. Raine, III, Towson, on brief), for petitioner.
Ronald A. Baradel (Council, Baradel, Kosmerl & Nolan, P.A., Annapolis, Nichael J. Budow, Budow and Noble, P.C., Betheda, on brief), Michael J. Budow (Richard E. Schimel, Budow and Noble, P.C., Bethesda, on brief), for respondent.
Bruce M. Bender, Van Grack, Axelson, Williamowsky, Bender & Fishman, P.C., Rockville, amicus curiae.
Argued before BELL, C.J., RAKER, WILNER, CATHELL, BATTAGLIA, JOHN C. ELDRIDGE (retired, specially assigned) and LAWRENCE R. RODOWSKY, (retired, specially assigned), JJ.
Court of Appeals of Maryland.
ELDRIDGE, J.
Article IV, § 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."1 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...
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