Maryland Courts

Certified Questions of Law Currently Before the Court of Appeals

September Term, 2014

For further information, please contact the Clerk's Office at 410-260-1500.

 

Patriot Electric and Mechanical v. Manufacturers and Traders Trust Company - Misc. No. 2, September Term, 2014

Certified Question from the United States Bankruptcy Court for the District of Maryland

Questions - 1) Is a financing statement that does not contain the debtor's correct name and is not discoverable by searching for the debtor's correct name within the filing office records by utilizing the Search Logic promulgated by SDAT, but is otherwise discoverable if a searcher of the filing office records submits the correct beginning of the debtor's name utilizing the Search Logic, seriously misleading within the meaning of Sections 9-502(a)(1), 9-503(a)(1) and 9-506 of the Annotated Code of Maryland, Commercial Law Article? 2) How should the Search Logic instruction that requires a searcher to enter "as much or as little of the [debtor's] name [as the searcher] is certain of" be construed in the case of Section 544(a)'s hypthetical lien creditor who is statutorily mandated to be "without knowledge"?

Counsel for appellant: Ronald Drescher
Counsel for appellee: Richard A. DuBose, III

State of Maryland, et al. v. G & C Gulf, Inc., et al. - Misc. No. 4, September Term, 2014

Certified question of law from the Court of Special Appeals

Questions - 1) Whether there is a justiciable controversy between the parties? 2) Whether Md. Code Ann., Transp. (1977, 2012 Repl. Vol., 2013 Supp.)("Transp.") §§ 21-10A-04(a)(3) and 21-10A-04(a)(4) are arbitrary, oppressive, or unreasonable and, thus, unconstitutional under Article 24 of the Maryland Declaration of Rights; and, if so, whether Transp. §§ 21-10A-04(a)(3) and 21-10A-04(a)(4) are severable? 3) Whether Transp. § 21-10A-04(a)(7) is void for vagueness and, thus, unconstitutional under the Due Process Clause of the Fourteenth Amendment to the United States Constitution; and, if so, whether Transp. § 21-10A-04(a)(7) is severable?

To be argued in the March, 2015 session of Court.

Counsel for appellant: Bradley J. Neitzel, Julia Doyle Bernhardt, Kathryn Lloyd
Counsel for appellee: Frederic J. Einhorn

Montgomery County, Maryland v. Jean K. Phillips, et al. - Misc. No. 20, September Term, 2014

Certified question of law from the Court of Special Appeals.

Question - Does the phrase "the total rate of tax that applies to a transfer subject to the agricultural land transfer tax" in § 13-407(a)(2) and (3) of the Tax-Property Article of the Annotated Code of Maryland include the "surcharge" imposed by § 13-303(d)?

To be argued in the September, 2015 session of Court.

Counsel for appellant: Karen Federman Henry
Counsel for appellee: Diane Feuerherd and Patrick McKeever