(a)Generally. As to each party to an appeal, the Court shall dispose of an appeal in one of the following ways: (1) dismiss the appeal pursuant to Rule 8-602;(3) vacate or reverse the judgment;(5) remand the action to a lower court in accordance with section (d) of this Rule; or(6) an appropriate combination of the above.(b) Affirmance in Part and Reversal, Modification, or Remand in Part. If the Court concludes that error affects a severable part of the action, the Court, as to that severable part, may reverse or modify the judgment or remand the action to a lower court for further proceedings and, as to the other parts, affirm the judgment.(c) Correctible Error.(1)Matters of Form. A judgment will not be reversed on grounds of form if the Court concludes that there is sufficient substance to enable the Court to proceed. For that purpose, the appellate court shall permit any entry to be made by either party during the pendency of the appeal that might have been made by that party in the lower court after verdict by the jury or decision by the court.(2)Excessive Amount of Judgment. A judgment will not be reversed because it is for a larger amount than claimed in the complaint if the plaintiff files in the appellate court a release of the excess.(3)Modified Judgment. For purposes of implementing subsections (1) and (2), the Court may modify the judgment.(d) Remand.(1)Generally. If the 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 a lower court. In the order remanding a case, the appellate 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 lower court shall conduct any further proceedings necessary to determine the action in accordance with the opinion and order of the appellate court. Committee note: This Rule is not intended to change existing case law regarding limited remands in criminal cases; see Gill v. State, 265 Md. 350 (1972); Wiener v. State, 290 Md. 425 (1981); Reid v. State, 305 Md. 9 (1985).
(2)Criminal Case. In a criminal case, if the appellate court reverses the judgment for error in the sentence or sentencing proceeding, the Court shall remand the case for resentencing.(3)Request for Impleader of the Subsequent Injury Fund in an Appeal From a Workers' Compensation Commission Decision.(A) Generally. If a party files a request for impleader of the Subsequent Injury Fund before the record on appeal has been filed, the Court shall grant the request. If a party files a request for impleader after the record on appeal is filed, the Court shall determine whether there is good cause to grant the request.(B) Order Granting Request for Impleader. If the Court grants a request for impleader, the Court shall suspend further proceedings and remand the case to the Workers' Compensation Commission for further proceedings.(C) Information to Be Provided to the Subsequent Injury Fund and Parties. Within 10 days after the date of an order granting a request for impleader, the impleading party shall provide to the Subsequent Injury Fund and all other parties: (i) a copy of the original claim, any amendments, each issue previously filed, and any award or order entered by the Commission on the claim;(ii) identification, by claim number if available, of prior awards or settlements to the claimant for permanent disability made or approved by the Commission, by a comparable commission of another state as defined in Code, Labor and Employment Article, § 1-101;(iii) all relevant medical evidence relied on to implead the Subsequent Injury Fund; and(iv) a certification that a copy of the request for impleader and all required information and documents have been mailed to the Subsequent Injury Fund and all other parties.Cross reference: COMAR 14.09.01.13.
(e)Entry of Judgment. In reversing or modifying a judgment in whole or in part, the Court may enter an appropriate judgment directly or may order the lower court to do so.Md. R. Rev. Ct. App. & Spec. App. 8-604
This Rule is derived as follows:
Section (a) is derived from former Rules 1070 and 870.
Section (b) is derived from former Rules 1072 and 872.
Section (c) is derived from former Rules 1073 and 873.
Section (d) is in part derived from former Rules 1071 and 871 and in part new.
Section (e) is derived from former Rules 1075 and 875.
Adopted Nov. 19, 1987, eff. 7/1/1988. Amended Nov. 8, 2005, eff. 1/1/2006.HISTORICAL NOTES
2005 Orders
The November 8, 2005, order inserted subsec. (d)(3), relating to requests to implead the Subsequent Injury Fund in an appeal from a Workers' Compensation Commission decision; and amended the source note.