Legal Question in Business Law in Maryland

Dismissal at Hearing

What does it mean to have all counts dismissed at a hearing before a judge? Does the plantiff still have a case or does the case get dropped if not appealled within the 30 days given?


Asked on 5/20/08, 1:54 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Dismissal at Hearing

If the judge found in favor of the defendant after a trial, or the case was dismissed before trial, the only avenue available to the plaintiff is to appeal within 30 days of the entry of judgment. If the dismissal was in the circuit court, the appeal would be to the court of special appeals. If the case was in the District Court of Maryland, the appeal would be to the circuit court. In either case, the plaintiff/appellant would have to pay for a transcript of the trial and base his/her appeal on an erroneous legal ruling made by the judge--not simply because you disagree with the judge's findings on the evidence.

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Answered on 5/20/08, 2:10 pm
Paula McGill Attorney at Law

Re: Dismissal at Hearing

You didn't state if the dismissal was with prejudice or without prejudice. A dismissal without prejudice provides additional alternatives, depending on the reasons for the dismissal without prejudice, and whether you have time to refile.

By way of example only, if the matter was dismissed because of service of process issues, the judge may dismiss it without prejudice. At that point, you could refile the matter within the time permitted by the applicable court rules.

If you need more information, please contact me by e-mail. I am also licensed in Maryland.

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Answered on 5/22/08, 12:39 pm


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