Legal Opinion · Dissent

Langrall, Muir & Noppinger v. Gladding

Court of Appeals of Maryland

Decided April 21, 1978No. [No. 74, September Term, 1977.]Published

1Dissent

*403 Levine, J.,

dissenting:

Because in my view the result in this case reduces Maryland Rule 530 to a virtual nullity, Í respectfully dissent.

The basic flaw in the majority opinion lies in its undue emphasis on the amount of discretion vested in the trial judge. At the same time, it merely pays lip service to the limitation in Rule 580 that its operation be suspended only where “good cause” is shown. Where, as in this case, the record is utterly barren of any circumstance sufficient to constitute good cause, no policy favoring the free exercise of judicial discretion can justify suspension of the…

2Cases cited6 opinions

  1. Dunsmuir Masonic Temple v. Superior CourtCalifornia Court of Appeal · 1970
  2. Little v. SullivanSupreme Court of Florida · 1965
  3. Ventresca v. Weaver BrothersCourt of Appeals of Maryland · 1972
  4. State v. ChurchillArizona Supreme Court · 1957
  5. Stanford v. District Title InsuranceCourt of Appeals of Maryland · 1971

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API