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SPENCE v. JULIAN

Nos. 2764, September Term, 2009, 1511, September Term, 2010.

30 A.3d 220 (2011)

201 Md. App. 562

Wycinna L. SPENCE et vir. v. Emerson R. JULIAN, Jr. et al. Emerson R. Julian, Jr. et al. v. Mercy Medical Center, Inc. et al.

Court of Special Appeals of Maryland.

October 26, 2011.

Attorney(s) appearing for the Case

Rignal W. Baldwin (Jeffrey P. Bowman, Baldwin, Kagan & Gormley LLC, on the brief), Annapolis, MD, for Appellant.

Michelle R. Mitchell (David A. Levin, Michael K. Wiggins, Wharton, Levin, Ehrmantraut & Klein, on the brief), Annapolis, MD, for Appellee.

Panel: JAMES R. EYLER, GRAEFF and CHARLES E. MOYLAN, JR. (Retired, Specially Assigned), JJ.

GRAEFF, J.

This appeal arises from a medical malpractice action. The issue presented involves the effect of a release agreement pursuant to the Maryland Uniform Contribution Among Joint Tort-Feasors Act (the "UCATA"), Md.Code (2006 Repl.Vol.) § 3-1401 to -1408 of the Courts and Judicial Proceedings Article ("C.J.P."). The Circuit Court for Baltimore City, in two separate opinions, reached conflicting conclusions.

The initial lawsuit (the "Primary Action...

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