Defeat should never be a source of discouragement but rather a fresh stimulus. Robert South link
Today will be a series of 3 short posts. This will be the first.
You may read the judgment of the Maryland Appeals Court here.
Here, the plaintiffs’ motion for reconsideration, filed within ten days of the entry of the May 23, 2013 order, had no impact on the time for filing a notice of appeal because the May 23, 2013 order was not a final judgment. The tolling effect of Rule 8-202(c) does not apply to a motion for reconsideration of a non-appealable interlocutory order, and has no bearing on the effectiveness of a notice of appeal filed while such a motion remains pending. See Carr, 135 Md. App. at 228 (filing of motion to alter or amend within ten days of a non- final judgment did not operate to save a notice of appeal filed within 30 days of that same judgment, but prior to the entry of the final judgment).
In my reading of the document, it appears this decision has to do with a simple timing error. However, some of our attorney friends may correct my interpretation. Apparently, it was believed that the final decision of the the first court was made in May 2013. In fact, the final decision was made in October of 2013. The appeal must be filed within 10 days of the final decision. The appeal was filed within 10 days of the May decision. Hence it was throw out on a technicality. If I am incorrect in my assessment, I will update as information is received.
Here are a few thoughts.
- Due to the testimony of Grant Layman, CJ Mahaney's brother in law who admitted that he should have reported his knowledge of Nate Morale's abuse, it is our thought that there may be further investigations going on behind the scenes.
Under cross-examination Attorney Drew asked: "Did you have a responsibility to report the crimes to police in 1992?" to which Grant responded: "I believe so." Then Defense Attorney Drew asked:"Did you report it to police?" Grant responded: "I didn't do it."
- This civil lawsuit has not been tried in court. In other words, the decisions by the courts are purely technical in nature and do not reflect on the actual charges of the lawsuit. Think of it this way. The gun goes off in a track meet. The fastest runner gets disqualified due to starting prior to the gun and is eliminated from the race. Is the guy who won really the fastest runner?
- Even one of the defense attorneys allegedly acknowledged the seriousness of the complaints.
Defense Attorney #1 affirms the seriousness of the allegations and notes that they were “tough to read.” He states that we have not yet gotten to the merits of these allegations, some going as far back as 1982, but if the case were to proceed and we did get to the merits, they would, however, be vigorously contested.
- If I were a defendant, absolutely convinced of my innocence, I would be frustrated by this outcome. I would want the trial to proceed so that the world could see the proof of my innocence. Now, both sides, must live in limbo…for now.
Our hearts go out to all those must wait and hope for justice. As always, TWW #IStandWithSGMVictims