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Summary of Opinion: Nationwide Mutual Insurance Company v. William Jackson Webb

Factual and Procedural Background

The opinion arises from an appeal in the Court of Special Appeals of Maryland from the Circuit Court for Wicomico County (POLLITT, J.). The panel was submitted on remand to Judges LOWE, MASON and LISS. The Court of Appeals of Maryland issued an opinion (No. 11, September Term, 1980, filed November 6, 1981) that vacated this Court's prior judgment in the same case and remanded the matter to this Court to reconsider its own remand under Maryland Rule 1071. Upon reconsideration in light of the Court of Appeals' opinion, the Court of Special Appeals affirmed the judgment of the Circuit Court for Wicomico County and ordered that costs be paid by the appellant.

Legal Issues Presented

  1. Whether, in light of the Court of Appeals' opinion vacating this Court's prior judgment and directing reconsideration under Maryland Rule 1071, this Court should remand the case further or affirm the judgment of the Circuit Court for Wicomico County without remand.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Court of Appeals of Maryland, No. 11, September Term, 1980, filed November 6, 1981, 291 Md. 721, 436 A.2d 465 (1981) This opinion vacated the Court of Special Appeals' prior judgment and directed that this Court reconsider its remand under Maryland Rule 1071. On reconsideration in light of that Court of Appeals' opinion, the Court of Special Appeals affirmed the judgment of the Circuit Court for Wicomico County without remand.

Court's Reasoning and Analysis

The opinion is succinct and contains limited written analysis. It explains that the Court of Special Appeals' earlier judgment had been vacated by the Court of Appeals of Maryland, which remanded the case to this Court for reconsideration of its remand under Maryland Rule 1071. After reconsideration "in light of the Opinion of the Court of Appeals," the Court of Special Appeals concluded that the proper disposition was to affirm the judgment of the Circuit Court for Wicomico County and not to remand the matter. The opinion does not elaborate further on the internal legal analysis or on detailed application of Md. Rule 1071.

Holding and Implications

Holding: Judgment affirmed.

Direct consequences: The judgment of the Circuit Court for Wicomico County is affirmed, and costs are to be paid by the appellant.

Broader implications: The opinion does not discuss establishment of new precedent or broader legal consequences beyond the direct effect on the parties. It reflects this Court's compliance with the Court of Appeals' mandate to reconsider but results in affirmance without further remand.

NATIONWIDE MUTUAL INSURANCE COMPANY v. WILLIAM JACKSON WEBB.

LOWE, J., delivered the opinion of the Court.

Pursuant to the opinion of the Court of Appeals of Maryland, No. 11, September Term, 1980, filed November 6, 1981, [ 291 Md. 721, 436 A2 465 (1981).] our judgment in the case of Nationwide Mutual Insurance Company v. William Jackson Webb, No. 513, September Term, 1979, was vacated and the case remanded to us to reconsider our own remand under Md. Rule 1071.

Upon reconsideration in light of the Opinion of the Court of Appeals, it is our present judgment that the judgment of the Circuit Court for Wicomico County be affirmed without remand.

Judgment affirmed.

Costs to be paid by appellant.

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NATIONWIDE MUTUAL INS. v. WEBB
(Jan 6, 1982)