October 2018 Maryland Certiorari Grants (Batch #1)

The Maryland Court of Appeals today granted certiorari in two cases, outside its regular schedule.

D.L. v. Sheppard Pratt, a follow-up to the Court’s involuntary commitment decision in Bell v. Bon Secours, was circulated to the judges back in March and appears to have been held for review pending the Bell decision. This will likely be the last time that the Court of Appeals reviews an opinion by Senior Judge Arrie Davis, who recently stopped hearing cases.

The Court also granted review in Moore v. Fernwood Mobile Home Park, a “tenant holding over” dispute, at the same time it granted the petitioner’s motion to stay execution on the writ of execution.

There should be at least one more batch of grants this month, when the Court rules on the petitions that were distributed to the judges, in the ordinary course, at the Court’s September 27 conference.

The two grants, with questions presented, are listed below.

D.L. v. Sheppard Pratt Health System, Inc., et al. – Case No. 38, September Term, 2018 (Unreported COSA Opinion by Davis, J.)

Issues – Health General – 1) Did CSA err in concluding that Petitioner’s challenge to her involuntary admission was moot and, alternatively, that no exception to the mootness doctrine applied. 2) Did CSA err in concluding that the applicability of the “capable of repetition yet evading review” exception to the mootness doctrine was not preserved for appellate review?

Patricia Moore v. Fernwood Mobile Home Park, Inc. – Case No. 39, September Term, 2018 (No COSA opinion)

Issues – Civil Procedure – 1) Should the appeal of a District Court judgment in a tenant holding over case have been on the record? 2) Is a judgment in favor of an entity that does not exist valid or a nullity? 3) Did the circuit court on de novo appeal make other significant errors of law?

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