Md. Code, Courts and Judicial Proceedings § 12-701
This is the official text of Md. Code, Courts and Judicial Proceedings § 12-701, part of Maryland’s Code, Courts and Judicial Proceedings — governs court structure and civil procedure.
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§12–701.
Official statutory text
(a) (1) An appeal from an orphans’ court or a circuit court stays all proceedings in the orphans’ court concerning the issue appealed.
(2) An appeal from an orphans’ court or a circuit court does not stay any proceedings in the orphans’ court that do not concern the issue appealed, if the orphans’ court can provide for conforming to the decision of the appellate court.
(3) (i) An appeal from a final order of an orphans’ court or a circuit court removing a personal representative does not stay an order appointing a successor personal representative or special administrator.
(ii) If an appeal is filed from the final order of an orphans’ court or a circuit court removing a personal representative and the court appointed a successor personal representative, the successor personal representative shall have the powers of a special administrator.
(b) An appeal from a judgment of a juvenile court with respect to a child neither stays the judgment nor discharges the child from the custody of a person, institution, or agency to whose care the juvenile court has committed the child. The appellate court may authorize a stay, on application and hearing, if it finds that suitable provision is made for the care and custody of the child.
(2) An appeal from an orphans’ court or a circuit court does not stay any proceedings in the orphans’ court that do not concern the issue appealed, if the orphans’ court can provide for conforming to the decision of the appellate court.
(3) (i) An appeal from a final order of an orphans’ court or a circuit court removing a personal representative does not stay an order appointing a successor personal representative or special administrator.
(ii) If an appeal is filed from the final order of an orphans’ court or a circuit court removing a personal representative and the court appointed a successor personal representative, the successor personal representative shall have the powers of a special administrator.
(b) An appeal from a judgment of a juvenile court with respect to a child neither stays the judgment nor discharges the child from the custody of a person, institution, or agency to whose care the juvenile court has committed the child. The appellate court may authorize a stay, on application and hearing, if it finds that suitable provision is made for the care and custody of the child.
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