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Hariri v. Dahne, 412 Md. 674 (Md. 2010)

Issue:

Whether a denial of Appellants’ motions to dismiss would constitute an abuse of discretion?

The court held that the Circuit Court’s decision to dismiss Appellees’ action did not constitute an abuse of discretion.

The 120-day period [within which the plaintiff must serve the defendant] is measured from the first issuance of original process directed to that defendant, not from the last issuance of process.  The complaint filed by Appellees on October 14, 2003, and which was never served, became “subject to dismissal” at the end of the day on February 11, 2004. The complaint filed by Appellees on February 7, 2005, became “subject to dismissal” at the end of the day on June 7, 2005. In light of the defendants’ addresses provided in those complaints, it is clear that the decision at issue was not “beyond the fringe of what [the Circuit Court] deems minimally acceptable.” The record also shows, however, that (1) no notification of contemplated dismissal was issued until September 14, 2007, eight days after Dr. Hariri and Dr. Blaik had been served, (2) no dismissal order had been entered by November 13, 2007, when Appellees filed their Amended Complaint, and (3) no dismissal order had been entered by November 15, 2007, when Dr. Hatfield filed his motion to dismiss.

Under these circumstances, in light of the fact that Appellees had until the end of the day on the twelfth anniversary of the alleged breach to file suit against Appellants, a denial of Appellants’ motions to dismiss would not have constituted an abuse of discretion.

The court of appeals held declining to dismiss the complaint for breach of contract with prejudice was appealable because it place the physicians “out of court” as to a dismissal with prejudice.  The notion embraced by the defendants and the Maryland Court of Special Appeals in this case, that an order terminating the case in the circuit court is not final and appealable unless it settles the rights of the celebrations or concludes the cause of action, has consistently and expressly been rejected by this Court.

Breach of contract lawsuit Baltimore Maryland Commercial Business Litigation

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Civil Lawsuit.?

Hey You! Asked:
Civil Lawsuit.?

My friend was caught recently for shoplifting at a department store, which was a civil action and fine the penalty together with criminal Tresspassing if, on the return of property. He is now looking for a job and is not sure whether the shoplifting is shown in a background check. Is this something that no-show? He was not arrested, there were no fingerprints or mug shots taken. Data were only set in the department stores’ computer. And he received a letter from the prosecutor of the department store to collect the fine which he paid.

Best answer:

Answer by noble_savage
Of course. The civil lawsuit and the arrest are both matters of public record. You stated nothing to indicate that any of these records would be sealed.

EDIT: OK, yeah if there was no official arrest then that won’t show up. If there were any kind of court papers actually filed though, that still shows up and he’d possibly have to explain what it was all about.

Know better? Leave your own answer in the comments!

Q&A: should i sign a consent judgement for a debt?? i have offered to pay mthly now they want me to do this? help!?

Len M Asked:
should i sign a consent judgement for a debt?? i have offered to pay mthly now they want me to do this? help!?

i live in NC and have a debt with mutual which is now in the hands of a collections attorney to wash. they wanted me to court and I done gave mthly payments. now they aree that do but they tell me to sign a consent decision. I should do or not? I’m lost! i can't afford a lawyer, but I’m afraid of pledges / remuneration garnishments, etc. What should I do!

Best answer:

Answer by sassy2
You signed the agreement as long as payments are what you concurred to. If you do not comprehend the paperwork then have someone read it for you. By paying this now you refrain and extra 3k for court costs.

What do you think? Answer below!

The Top 5 Myths about Appealing Your Civil Lawsuit in California

Most of us have seen some motion picture character jump up at his plateau in the courtroom to bellow, I’ll appeal this all the way to the Supreme Court! Now, that mortal is you, but you’re not certain whether an appeal makes sense. Or perhaps your opponent is appealing and you simply need to know what to expect. This article addresses five common misconceptions about appeals in California civil cases.

Myth No. 1: An appeal gets your case heard by the Supreme Court.

An appeal is heard before an intermediate appellate court and has only a remote chance of ever getting to the United Says Supreme Court or California Supreme Court. You have a right to appeal to the intermediate court, but no right to have your case heard by either supreme court, both of which are very selective about the cases they hear. The percentage of cases that make it to either court is in the very low single digits.

Myth No. 2: An appeal is a second trial of the case.

An appeal does not even remotely resemble a trial. An appeal is decided by three judges who won’t hear any of the witnesses, won’t see the arguments the lawyers made in the trial court, won’t see the celebrations and won’t form any of the same emotions that the jury did at trial. Their view of the case will be based nearly entirely on stacks of paper and written arguments submitted by the parties, with only a brief oral argument (a half hour or less, in most cases).

The judges on the appellate court aren’t there to decide who should have won at trial. They are there only to determine if some error was made in the trial proceedings. Thus, the saint a celebration can anticipate in the majority of appeals is that the court will send the case back to the trial court for further proceedings, such as a new trial.

Myth No. 3: An appeal will drag the case out for years.

It’s possible, but not necessarily true. The court’s backlog and the amount of breathtaking activity in any given case will determine how long the appeal takes.

Appeals from federal courts in California generally take much longer than appeals from California say courts. While federal appeals often take two years or more, cases in some districts and divisions of the California Court of Appeal can be decided in well under a year from the time the appeal is filed, so long as there is no uncommon activity in the case.

The timing of a decision on appeal might be relevant to issues such as settlement, fees, and collateral for the appeal bond. You should ask your appellate lawyer what to anticipate in your case.

Myth No. 4: You won’t have to pay the judgment while the case is on appeal.

Some people believe that they can forestall the collection of a judgment against them merely by filing an appeal. However, the filing of an appeal does not, in itself, prevent the winner from enforcing a money judgment.

To forestall collection, the celebration appealing must also post a bond to guarantee the judgment creditor’s capability to collect at the conclusion of the appeal if the judgment is affirmed. The amount of the bond is set by the court and is usually in an amount greater than the judgment to grant for the accrual of interest on the judgment while the case is on appeal. The judgment debtor who appeals must wage collateral for the bond.

Myth No. 5: Your trial lawyer is always the saint lawyer to handle your appeal.

It’s tempting to think that the saint lawyer for your appeal is the lawyer that handled your case at trial. Who knows your case better, after all?

That’s the problem. Your trial lawyer has so much time, energy, and emotion invested in the case, that he can demand the perspicacity necessary to refer the saint strategy and arguments for appeal. Combined with many critical differences between a trial and an appeal, these factors often make your trial lawyer less than the saint attorney to handle your appeal.

Could your trial lawyer do a great job on your appeal? Sure, especially if she has experience with appeals. But many trial lawyers who recognize the differences between trials and appeals also recognize that they should refer their clients to appellate counsel, or at least consult with appellate counsel during the course of an appeal.

The Top 5 myths about Appealing your civil case in California

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How Savvy are Credit Card Holders?

A total of 9 out of each 10 of adults think that they are proficient at handling their own finances. While some might think about this confidence to be admirable, a new study carried out by a major card bourgeois recommends otherwise.

The research reveals that when it comes to the true say of their finances, many people aren’t really putting in the effort required.

Other financially surprising statistics are that half of card holders haven’t checked their monthly equilibrise or analyzed the payments that they had made at all over the past 12 months. This wilful ignorance increases when debt becomes involved, with 86% of those with individualized loans and 82% of those with overdrafts showing rejection behaviour.
Many consumers also seem unaware of the importance of their credit rating.

The research showed that more than half of UK borrowers had never tried to see their credit rating, despite it being doable to do so for free and the fact that it’s very important when it comes to credit card comparison.

Some 21% of people change to comprehend that missing a credit card repayment can have an adverse effect on their credit rating. An even greater number (25%) select to believe that ignoring a County Court Judgement will also have no effect on their credit rating.

This would seem to recommend that credit card holders are not actually very savvy when it comes to their finances.

The credit card bourgeois recommended that it’s not uncommon for people to tell themselves that they are in a evenhandedly healthy financial shape even though in reality it’s not the case.

Financial poor health only tends to rear its unsightly head then further problems occur, the bourgeois suggested.

Cardholder’s negative activity patterns are targeted by taking in some myth-busting existent information, taking advantage of free money management tools and learn more about certain credit cards that could be useful for building a credit score.

This card and other bad credit rating credit cards rewards customers who sensibly manage their accounts.

They are aimed at those who have had some experience of managing credit but who might have missed some past payments and dilapidated their credit rating and capability to get a card.

When it comes to their understanding of financial situations credit card holders could also be well advised to stick to the less complex offers acquirable from providers.

Trying to do too much on one credit card at a time could be a financial disaster so making sure that as a consumer you are well prepared for how you should be using a financial product really is vital. This is also true in uncommon situations for example in the case of use abroad credit cards.

How Savvy are credit card holders?

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Easy to Get Credit Cards – Yes, They Do Still Exist

There are plenty of simple to get credit cards, but just because a credit card might be simple to get, does that mean it’s a good deal and worth applying for? Sometimes simple to get might mean that a credit card has higher rates of interest, more fees or some other catch – so what should you consider, what should you look out for, and is it worth being a tiny sceptical in today’s financially groaning world?

The truth is that even though the world’s economies might be struggling at the moment, individual financial circumstances are still as widely varied as ever before. There are people who are struggling on borderline poverty despite being in some of the world’s most developed nations, and there are others who still have so much money they are barely even aware of a recession going on ‘out there’. Your own individualized circumstances, and your credit history, will determine how simple it is for you personally to be healthy to get a credit card.

The world wide web has made obtaining, or at least applying for a credit card much easier than before. Gone are the days when you have to wander in to apiece high street bank branch and fill in forms, have an interview and then move several days for a response. Either that or you had to reserve most of a day to making phone calls and making endless notes about interest rates, fees, charges and options.

Today you can sit back and surf the internet, comparing rates and reading up on various cards available. One of the major benefits that is acquirable if you are searching for a credit card online is the many reviews and forums which are available. Here you will be healthy to find out what experiences other people have had with certain cards or financial institutions, and acquire a individualized insight into how they fared. This can wage you with a much-needed inside look, helping you to make a more informed judgement.

However, despite the grim world of credit, there are still many credit cards that are simple to get hold of, and if you are looking to apply for one now, the chances are very high that you will be successful. Even if you have no credit history, or very poor credit history, you will probably still find yourself healthy to obtain a credit card. The question is, what will it take to be healthy to get hold of such a facility?

Easy to get credit cards are not all alike, and the offer which you will receive might well be plain to reflect your particular circumstances and background. This means that, regardless of the advertised rates and expected limits, you might find yourself being approved for a credit card very quickly, but with an interest rate above the typical rate promoted, and perhaps a credit limit which is rather lower than the one you would have expected.

Naturally, credit card companies are having to be extra cautious today. This doesn’t mean that caution has given way to a greater level of refusal, but that caution has given way to more variable rates, higher rates, lower limits and extra fees. The more worrying your background, the more the offer of a credit card will be adjusted to reflect this.

The trouble is, that with people constantly worrying about the economic picture crossways the country, and indeed the globe, and with financial companies increasingly speaking about being more cautious, many of those considering applying for a credit card are not bothering, suspecting that they will simply be turned down.

But this isn’t true, and it is still very simple to obtain a credit card. The only question you will need to ask is whether the offer you receive represents good value for you. If you are the sort of mortal who regularly clears the entire equilibrise of your credit card apiece and apiece month then you might not have to worry much about the interest rate.

However, if there is a small chance that occasionally you will be unable to clear the debt in full, then you could find that the interest rate charged is high enough to cause you very serious problems. It’s also ideal to look at any fees attached, including ongoing maintenance fees, fees for withdrawing cash, and fees for not paying the equilibrise in full or for any missed or bounced payments.

If you suspect that you will not be healthy to keep the statement in good order then no matter how simple it might be, and how tempting, to open a new credit card, you might find that in the long term it does more harm than good.

However, if you are healthy to maintain it in good order, clearing the bill regularly and using the credit card for buys rather than for withdrawing cash, then you could find yourself healthy to benefit from zero percent interest on equilibrise transfers and perhaps even reward schemes such as cash back offers that could acquire you significant extra cash apiece year. Simple to get credit cards are very much acquirable – but it will be for you to decide whether simple represents what is ideal for you.

Easy to get credit cards – yes, still exist

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should i sign a consent judgement for a debt?? i have offered to pay mthly now they want me to do this? help!?

Len M Asked:
should i sign a consent judgement for a debt?? i have offered to pay mthly now they want me to do this? help!?

i live in NC and have a debt with mutual which is now in the hands of a collections attorney to wash. they wanted me to court and I done gave mthly payments. now they aree that do but they tell me to sign a consent decision. I should do or not? I’m lost! i can't afford a lawyer, but I’m afraid of pledges / remuneration garnishments, etc. What should I do!

Best answer:

Answer by sassy2
You signed the agreement as long as payments are what you concurred to. If you do not comprehend the paperwork then have someone read it for you. By paying this now you refrain and extra 3k for court costs.

What do you think? Answer below!

Denial of debt discharge in chapter 7 bankruptcy

A much wanted discharge of debt that a debtor gets mostly after filing for chapter 7 bankruptcy acts as a great source of relaxation for an indebted borrower. It releases the debtor form individualized liabilities for most of the debts and it also prevents the creditors from carrying on any further collection processes against the debtor. A debtor basically opts for bankruptcy chapter 7 as the last resort when he finds himself absolutely unable to pay even the reduced debt amount after debt settlement. The process of filing for bankruptcy chapter 7 is full of exceptions and complex formalities, which require an smart and competent Debt lawyers with his recommendations and advices. In nearly 99 percent of chapter 7 bankruptcy cases, the debt gets discharged by the court of law within 60 to 90 days from the first meeting date with the creditors. At rare cases however, the court can deny discharge to debt and thus can nullify the whole petition made by the debtor. Though the grounds for denial of debt discharge are narrow, the other probable reasons that drive the court to deny discharge to debt are as follows:
1. In cases when a debtor fails to produce sufficient proofs of income or financial records or he fails to pass the means and median test.

2. In cases when a debtor fails to satisfactorily explain any loss of assets.

3. In cases if the debtor has committed any bankruptcy crime such as perjury.

4. In cases of fraudulent transfer, concealment or destruction of the property of estates by the debtor or his side.

5. In cases of unfortunate to complete an approved instructional course concerning financial management.

Apart from these, there are certain debts that do not start under the jurisdiction of discharge by the court. However, most of the debtor’s debts can be discharged by the chapter 7 bankruptcy petition after fulfilling the stipulations and eligibility; some debts do not start under these criteria which are:
• Child support and alimony debt
• Taxes of certain kinds
• Education loans
• Criminal restitution debts
• Debts due to willful and malicious injury caused by the debtor to another mortal or property, or
• Debts due to injury or harm caused with a motor car by the debtor to another mortal or property under the effect of liquor or similar intoxication.
Under these above mentioned circumstances, the debtor will be liable to continue with the debt payment. However, the court is likely to discharge debt for these conditions until the creditors intrude with the law proceedings and prevails therein by producing proper witnesses and proofs against the debtor’s illegitimacy or adulteration of case.
Moreover, the court can revoke a debt discharge made under chapter 7 bankruptcy, if a trustee, creditor or the U.S. trustee request it to do so, on the grounds of false pretences and fraudulence by the debtor, marital misstatement or unfortunate of providing documents and other information regarding audit of the debtor’s case.

Denial-of-debt relief in Chapter 7 bankruptcy

How long will it take for a default judgement on a divorce to be completed?

sweet_sunshine_74 Asked:
How long will it take for a default judgement on a divorce to be completed?

I am in Florida, I think my * ex is in Oklahoma. I filed for divorce, the papers were served to him on Might 3rd and he had 30 days to respond. He did not respond, so my lawyer now takes the court papers a default ruling against him file. What will happen next? Do I get what I asked in the papers? How long will it take? Will the court or my attorney will notify me when all is finished? Do I get a sort of documentation showing that I officially divorced? In addition, there are two kids involved, I have custody (he is no contact in 4 months or more had), there is no common ownership (only some debt). And yes, I call my lawyer and spoke to the paralegal, but he did not / could give me no intent how long it would take would have. : (

Best answer:

Answer by flyfish_777
i think it might be 45 days after the default judgement….

What do you think? Answer below!

Can someone with a civil (default) judgement against me in Ohio come after my assets (lein on my home) in Cali

Beth Asked:
Can someone with a civilian (standard) sentence against me in Ohio after my assets (lein on my home page) in Cali

Although we have not been officially served (we never accepted any certified letters) we have a civil (default) judgement against us from Ohio. We now live in CA. Can our assets be taken (i.e. lein on home) for this judgement? We never had the opportunity to defend ourselves. Do we have the right to hire a new attorney (the first one did NOTHING) and appeal the judgement? Do we have to go back to Ohio? Can we place the property in a trust and forget about it? We are self-employed so garnishment is not an issue. Thanks.
Best answer:

Answer by Gallivanter
The answer is, it depends. Generally yes, via the Full Faith and Credit clause of the constitution. But there are so many exceptions and jurisdictional issues and potential defenses that only a lawyer can tell you for sure.

What do you think? Answer below!

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