SMILEY v. ATKINSON

APPEAL — Effect Of Appeal From Interlocutory Order — Civil Case — Filing Of Appeal From A Nonappealable Interlocutory Order Does Not Divest Lower Court Of Jurisdiction. p. 130

CONTINUANCE — DISCOVERY — No Abuse Of Discretion In Denying Defendant's Discovery Motion And Motion For Continuance. p. 130

LAST CLEAR CHANCE — Doctrine Presupposes Primary Negligence On Part Of Defendant, Contributory Negligence On Part Of Plaintiff And A Showing Of Something New Or Independent Which Affords The Defendant A Fresh Opportunity (Of Which He Fails To Avail Himself) To Avert The Consequences Of His Original Negligence And The Plaintiff's Contributory Negligence — Instruction Of Trial Judge Correctly Stated The Applicable Law. p. 130

(See opinion 12 Md. App. 543 (1971).)

PER CURIAM:

This Court adopts the opinion of Judge Powers in Smiley v. Atkinson, Adm'x, 12 Md. App. 543 (1971), and therefore affirms the judgments appealed from.

Judgments affirmed with costs.