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| Bank of Am. Corp. v. Gibbons, No. 0033, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, March 13, 2007, Filed
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Overview: Trial court erred in granting summary judgment to transferee on the unjust enrichment claimant's complaint alleging unjust enrichment and seeking to recover funds that the transferee received due to her husband's thefts from the unjust enrichment claimant; trial court did not correctly analyze the legal principles regarding each of three elements.
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| Dep't of Human Res. v. Howard, No. 53, September Term, 2006,
COURT OF APPEALS OF MARYLAND, March 13, 2007, Filed
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Overview: Under Md. Code Ann., Cts. & Jud. Proc. § 1-403(c) (2006), when the Maryland Court of Special Appeals reviewed a trial court's decision in banc, the participation of specially assigned retired judges in the decision rendered it invalid because the statute did not authorize retired judges to participate because they were not "incumbent judges."
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| Fuller v. State, No. 62, September Term, 2006,
COURT OF APPEALS OF MARYLAND, March 13, 2007, Filed
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Overview: In a case wherein an inmate's petition for a writ of certiorari was granted for him to challenge the denial of his petition for commitment to a drug treatment program, the appellate court held that an order denying an inmate commitment to a drug treatment program, pursuant to Md. Code Ann., Health-Gen. § 8-507, was not appealable.
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| Knox v. State, No. 1000, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, March 13, 2007, Filed
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Overview: Although Md. R. 4-215 required unrepresented defendant be informed of "mandatory penalties," directive did not include "penalties" mandated by recidivist statutes; Md. R. 4-245 required state to notify inmate he could be subject to subsequent offender enhancement 5 to 15 days before sentencing, not before he waived right to counsel by inaction.
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| Wells Fargo Home Mortg., Inc. v. Neal, No. 58, September Term, 2006,
COURT OF APPEALS OF MARYLAND, March 13, 2007, Filed
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Overview: In a breach of contract suit brought by a mortgagor, the mortgagor was not permitted to advance a state law contract claim based on an asserted breach of the federal regulations alluded to in his Fair Housing Administration form deed of trust but was allowed to raise a violation as an affirmative defense in an injunction suit blocking foreclosure.
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