Legal Opinion · Dissent

Wal Mart Stores, Inc. v. Holmes

Court of Appeals of Maryland

Decided October 25, 2010No. 141, September Term, 2009Published

1DissentAdkins, J.

I respectfully dissent from the majority’s interpretation of § 10-201 of the Family Law Article and consequent holding that “[tjhere is presently no affirmative legal duty owed by one spouse to support the other spouse, absent a court order or a legally enforceable contractual agreement for support.”1 Maj. op. at 373, 7 A.3d at 29 (emphasis in original). In its opinion, the majority reasons that § 10-201 “cannot be read to create a general, mutual legal obligation to support a spouse by virtue of the marriage alone in light of its purposes to create a statutory offense with a prescribed set…

2Cases cited6 opinions

  1. Maryland-National Capital Park & Planning Commission v. AndersonCourt of Appeals of Maryland · 2006
  2. People v. HeitzmanCalifornia Supreme Court · 1994
  3. State v. BerryCourt of Appeals of Maryland · 1980
  4. State v. LynchSupreme Court of North Carolina · 1980
  5. United States v. Rene R. Bonetti, United States of America v. Rene R. BonettiCourt of Appeals for the Fourth Circuit · 2002

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