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Use of Rule 2-602(B) Only in the Infrequent, Harsh Case
Jurisdiction | Maryland |
C. [§ 35] Use of Rule 2-602(b) Only in the Infrequent, Harsh Case
Consistent with Maryland's strong policy against permitting piecemeal appeals, the state's appellate courts have cautioned against the overuse of Rule 2-602(b). Courts should use certification "sparingly," reserving it for the "very infrequent and harsh case." Md.-Nat'l Capital Park & Planning Comm'n v. Smith, 333 Md. 3, 7 (1993); see also Silbersack v. ACandS, Inc., 402 Md. 673, 679 (2008); Cty. Comm'rs of St. Mary's Cty. v. Lacer, 393 Md. 415, 425 (2006); Diener Enters., Inc. v. Miller, 266 Md. 551, 556 (1972); USA Cartage Leasing, LLC v. Baer, 202 Md. App. 138, 169 (2011), aff'd, 429 Md. 199 (2012). Courts and parties may not use Rule 2-602(b) as a convenient device to certify questions of law from the circuit court to the appellate courts. Allstate Ins. Co. v. Angeletti, 71 Md. App. 210, 224 (1987). While the rule is designed to advance the...
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