Lanham, MD asked in Appeals / Appellate Law for Maryland

Q: what is the purpose of an appellee dispositive motion

I am appealing a case that was dismissed without the opportunity to conduct discovery. I'm now in the appeals process and have now received relevant evidence. I have already filed my statement of issues. The next step is dispositive motions if needed. would this apply to me?

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1 Lawyer Answer
Jason Ostendorf
Jason Ostendorf
  • Appeals & Appellate Lawyer
  • Owings Mills, MD
  • Licensed in Maryland

A: A dispositive motion may be filed in a Maryland appeal by the appellee if the appellant missed the appellate filing deadline, or if the case has been rendered moot. The former is the most common basis for a dispositive motion on appeal. Since you are the appellant, you should not attempt to file a dispositive motion, as you would essentially be dismissing your own appeal.

Appeals are highly complex. While they may seem simple to non-lawyers, your chances of prevailing without an attorney at the appellate level are probably slim. This is especially so if you represented yourself in the lower court. After all, you admit that your case was thrown out prior to discovery, which means your initial pleading probably suffered from a technical legal defect. If you are serious about your case, you should consult with a Maryland appellate lawyer.

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