Appellant Memorandum that opposes the decision of the District Court that favored the Appelle.
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MARYLAND RULE 7-113. APPEALS HEARD ON THE RECORD Memorandum and Response. (1) The appellant shall file a memorandum in opposition to the decision of the District Court within 30 days after the date the appeal was entered on the docket or as otherwise ordered by the court. The appellee may file a response within 15 days after service of the appellant’s memorandum, but in no event later than five days before the date of argument, if argument has been scheduled. (2) In addition to otherwise complying with Rule 1-301, a memorandum or response shall be typewritten or printed, shall be double spaced, and shall not exceed ten pages in length. The appellant’s memorandum shall contain (A) a statement of the questions presented for review, (B) a concise statement of the facts material to a determination of the questions presented, and (C) argument in support of the appellant’s position, stating the grounds for the relief sought and the authorities in support of each ground. The appellee’s response shall contain argument in support of the decision of the District Court, stating the grounds for affirmance and the authorities in support of each ground. (3) If an appellant fails to file a memorandum within the time prescribed by this Rule, the circuit court may dismiss the appeal if it finds that the failure to file or the late filing caused prejudice to the moving party. An appellee who fails to file a memorandum within the time prescribed by this Rule may not present argument except with the permission of the court. Oral Argument. A party desiring oral argument shall request it in the memorandum or response under the heading “Request for Oral Argument”. Unless oral argument is requested by a party or ordered by the circuit court, the appeal shall be decided without oral argument. Scope of Review. The circuit court will review the case on both the law and the evidence. It will not set aside the judgment of the District Court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the District Court to judge the credibility of the witnesses. Disposition. (1) As to each party to an appeal, the circuit court shall by order dispose of an appeal in one of the following ways: (A) dismiss the appeal pursuant to Rule 7-114; (B) affirm the judgment; (C) vacate or reverse the judgment; (D) modify the judgment; (E) remand the action in accordance with subsection (2) of this section; or (F) an appropriate combination of the above. (2) If the circuit court concludes that the substantial merits of a case will not be determined by affirming, reversing, or modifying the judgment, or that justice will be served by permitting further proceedings, the court may remand the case to the District Court. In the order remanding a case, the circuit court shall state the purpose for the remand. The order of remand and the opinion upon which the order is based are conclusive as to the points decided. Upon remand, the District Court shall conduct any further proceedings necessary to determine the action in accordance with the opinion and order of the circuit court. (h) Opinion. In every appeal, the circuit court shall render a concise opinion, which shall be reduced to writing and filed with the clerk.
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