Rossen v. Novak, 100
| Decision Date | 11 November 1970 |
| Docket Number | No. 100,100 |
| Citation | 259 Md. 508,270 A.2d 465 |
| Parties | Mark H. ROSSEN and Abe Cohen, Individually and t/a A & M Associates v. Sam NOVAK. |
| Court | Maryland Court of Appeals |
William M. Canby, Rockville (Miller, Miller & Canby, Rockville, and Mark P. Friedlander, Sr., Washington, D. C., on the brief), for appellee.
Argued before HAMMOND, C. J., and McWILLIAMS, FINAN, SMITH and DIGGES, JJ.
The order for appeal in this case was filed on January 19, 1970. Pursuant to the request of the appellant, the trial court extended the time for transmitting the record to May 1, 1970. The record was actually transmitted April 28, 1970. Maryland Rule 825 b provides 'the lower court shall not extend the time (for transmitting the record) to a day more than ninety days from the date after the first order for appeal is filed.' The record was transmitted more than 90 days after the date the appeal was filed. It does not appear that the delay was occasioned by 'the neglect, omission or inability of the clerk of the lower court, the court stenographer or appellee' as specified in Maryland Rule 825 d. Accordingly, the appeal must be dismissed. Goldman v. Tauber, 258 Md. 174, 265 A.2d 225 (1970).
If the case had been considered on its merits, we would have affirmed the decree of the trial court.
Appeal dismissed; appellants to pay the costs.
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Uhler v. Real Properties, Inc.
...of the clerk, reporter or appellee. See, e. g., Goldman v. Tauber, 258 Md. 174, 176, 265 A.2d 225, 226 (1970); Rossen v. Novak, 259 Md. 508, 509, 270 A.2d 465 (1970); Agnoli v. Powers, 235 Md. 289, 293, 201 A.2d 487, 489 (1964); Laukenmann v. Laukenmann, 17 Md.App. 107, 109, 299 A.2d 466, 4......
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...day period of time prescribed in Rule 825 b. Goldman v. Tauber, 258 Md. 174, 176, 265 A.2d 225 (1970), accord, Rossen & Cohen v. Novak, 259 Md. 508, 509, 270 A.2d 465 (1970). In Viner v. Manor Country Club, 258 Md. 299, 303, 265 A.2d 857 (1970), the Court of Appeals held a second extension ......
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...were we to decide the case upon its merits. See Larsson v. J. C. Conley Constr. Co., 260 Md. 21, 271 A.2d 356 (1970); Rossen v. Novak, 259 Md. 508, 270 A.2d 465 (1970). It is patent that Young, having been convicted and sentenced in a court of this State, for a crime committed after 1 Janua......