Common Mistakes That Get Maryland Appeals Dismissed

Filing an appeal in Maryland is a complex, high-stakes endeavor governed by the extremely precise and unforgiving Maryland Rules of Appellate Procedure (Title 8). Unlike trial court litigation, where judges often have discretion to forgive minor errors, appellate courts operate under rigid procedural requirements.

Mistakes in this arena are not just setbacks, they are often fatal procedural flaws that can result in the automatic, non-reviewable dismissal of your appeal, regardless of the merits of your underlying case.

At Lusk Law, LLC, we understand that appellate law is a precise field distinct from trial practice. Our attorneys are adept at navigating the procedural minefields that trip up less-experienced counsel.

We focus on meticulous preparation and strict adherence to the Maryland Rules to ensure your appeal is decided on the strength of its legal arguments, not dismissed on a technicality.

If you are considering appealing a decision from a Maryland Circuit Court, understanding these common pitfalls is the first critical step in protecting your right to review.

Do not face this battle alone. Contact us today at (443) 535-9715 for a case review.

Key Takeaways: Avoiding Appellate Pitfalls

Appellate procedure in Maryland is unforgiving; technical errors often lead to mandatory dismissal, regardless of the merits of your case.

• The 30-Day Jurisdictional Deadline: The single most critical rule is filing the Notice of Appeal within 30 days of the final judgment’s docket entry. Missing this deadline is usually fatal and non-waivable (Md. Rule 8-602(b)(2)).
• Appeal Only Final Judgments: Do not appeal interlocutory orders, except in certain circumstances as permitted by Maryland Rules. Ensure the trial court’s order completely concludes the action or is properly certified as a final judgment under Maryland Rule 2-602(b).
• Preserve Issues in Trial Court: The appellate court will not review errors unless the issue was timely raised and ruled upon by the trial judge (Md. Rule 8-131(a)). An unpreserved issue is waived.
• Master the Record Extract: The appellant is responsible for preparing a flawless Record Extract containing all necessary trial documents and transcripts. A deficient record leads to the presumption that the trial court was correct.
• Know the Standard of Review: Tailor your legal arguments to the specific standard (e.g., de novo for law, abuse of discretion for discretionary rulings). Arguing the wrong standard drastically reduces your chance of success.

Mistake #1: Missing the Jurisdictional Deadline

The single most common, and arguably most devastating, mistake is missing the deadline to initiate the appeal. This error is almost always mandatory grounds for dismissal under Maryland Rule 8-602(b)(2).

The 30-Day Rule

In the vast majority of civil cases, you must file a Notice of Appeal with the clerk of the lower court within 30 days after the entry of the final judgment or appealable order on the docket.

• The Clock Starts on Entry: The deadline begins running not when the judge signs the order, but when the order is officially entered on the court docket. Even a single day late is typically grounds for mandatory dismissal, as appellate deadlines are considered jurisdictional, meaning the court lacks the authority to hear the case if the deadline is missed.
• The Post-Trial Motion Trap: Many appellants mistakenly believe that filing any post-trial motion will automatically extend the 30-day deadline. This is false. Only certain timely filed motions, such as a Motion to Alter or Amend Judgment (Md. Rule 2-534), will toll (pause) the deadline. A motion for reconsideration that doesn’t fit the specified rules, or one filed too late, will not extend the time, leading to a missed deadline and dismissal.

Our Value: We meticulously track the date of entry and ensure the Notice of Appeal is filed correctly and on time, preserving the court’s jurisdiction over your case from the very beginning.

Mistake #2: Appealing a Non-Final Order

Appellate courts generally only have the authority to review a Final Judgment. Attempting to appeal a non-final ruling leads to automatic dismissal under Maryland Rule 8-602(b)(1).

What is a Final Judgment?

A final judgment is an order that completely concludes an action in the trial court, leaving nothing more for the court to do.

• Interlocutory Orders: Litigants often try to appeal interlocutory orders (rulings made during the course of litigation that don’t end the case), such as an order denying a motion to dismiss, an order allowing discovery, or a ruling on certain pretrial motions. These are generally not immediately appealable.
• The Rule 2-602 Problem: In cases involving multiple claims or multiple parties, a trial court’s order addressing only some claims or parties is usually not a final judgment. An attorney must understand Maryland Rule 2-602(b), which allows the trial court to specially certify an order as a final judgment. If the trial court fails to use this specific certification language when required, the appeal will be dismissed as premature.

Our Value: We analyze the trial court’s order against the strict requirements of the final judgment rule before filing the appeal, preventing the wasted time and expense of appealing an unappealable order.

Mistake #3: Failing to Preserve Issues for Appeal

This is the most common reason why appeals fail on the merits, even if they clear all the procedural hurdles. Appellate courts review whether the trial court committed a reversible legal error; they do not conduct a new trial.

Under Maryland Rule 8-131(a), the appellate court will generally not decide any issue unless it plainly appears by the record to have been raised in or decided by the trial court.

The Requirement of Timely Objection

To preserve an issue for appeal, trial counsel must:

1. Raise the Issue: Clearly state the legal argument to the trial judge.
2. Make a Timely Objection: Object to the court’s ruling or the opposing party’s action at the time the error occurs or as soon as the grounds for objection become apparent.
3. State the Grounds: State the specific legal grounds for the objection.
4. Renew the Objection: In some cases, such as motions in limine, the objection may need to be renewed during trial.

If an attorney fails to object to the admission of evidence, a faulty jury instruction, or an improper closing argument, the appellate court will deem the issue waived and will not consider it, no matter how egregious the error may seem to the client.

Our Value: Our appellate attorneys review the entire trial record, focusing specifically on preservation issues. If the issue wasn’t properly preserved, we advise the client honestly and may recommend against the expense of an appeal.

Mistake #4: Failure to File a Proper Record Extract and Brief

After the initial filing of the Notice of Appeal and the transmission of the record from the trial court, the real work, and the bulk of the procedural risk, begins. Maryland Rules 8-501 through 8-504 govern the requirements for the Record Extract and the Appellant’s Brief. Failure to comply with these rules can lead to discretionary dismissal under Maryland Rule 8-602(c).

The Deficient Record Extract

The Record Extract is a volume containing essential papers from the trial court record that the appellate court needs to review the case. It is the appellant’s responsibility to prepare and file it.

• Missing Essential Documents: The Extract must include documents like the judgment appealed from, relevant docket entries, and the opinion or memorandum of the trial court. Crucially, it must also include all portions of the testimony and exhibits necessary for the court to decide the issues presented.
• The Inadequate Record: If the Record Extract is deficient, for example, if a party claims the judge erred in excluding evidence but fails to include the transcript showing where the ruling occurred, the appellate court will often presume the trial court was correct and affirm the judgment, or, in severe cases, dismiss the appeal entirely.

Non-Compliant Briefs

The Appellate Brief is your legal argument. It must adhere strictly to format, content, and length limitations.

• Stylistic Errors: Failure to follow rules on typeface, margins, binding, and color can result in rejection.
• Inadequate Contents: The brief must contain a specific Statement of Facts, a Question Presented (the legal issues raised), and a Standard of Review for each issue. Crucially, the argument section must include citations to the Record Extract for every factual assertion to relevant Maryland statutes and case law.

Our Value: We are highly-skilled in crafting appellate briefs, a different skill set than trial advocacy. We ensure that the brief is not only legally persuasive but is also compliant with all formatting rules and that every factual claim is traceable to the Record Extract.

Mistake #5: Failure to Timely Order and Pay for Transcripts

The appellate court reviews the record developed at trial. That record includes the transcript, which is the written record of everything said in the courtroom. It is the appellant’s responsibility to order, designate, and pay for the necessary transcript, and the deadline for this is extremely short.

The 10-Day Deadline

In most civil cases, the appellant must, in writing, order the transcript from the court reporter within 10 days after filing the Civil Appeal Information Report (which is filed concurrently with the Notice of Appeal).

• The Written Order and Service: The written order must be served on the court reporter and a copy filed with the clerk of the circuit court.
• Failure to Pay: The court requires payment before they will prepare the transcript. Failure to pay the required fee or make arrangements promptly can result in the court failing to prepare the record, leading directly to the appeal’s dismissal for failure to have the record transmitted on time.

Our Value: We coordinate immediately with the court and the client upon filing the Notice of Appeal to ensure the proper portions of the transcript are ordered, the fee is paid, and the required documents are filed within the tight 10-day window.

Mistake #6: Ignoring the Standard of Review

A core difference between trial and appellate law is the Standard of Review. Ignoring this concept means the attorney is arguing the wrong issue. The appellate court uses different standards to review different types of trial court errors:

• De Novo (Matter of Law): If the appeal concerns a pure legal question (e.g., did the trial court correctly interpret a statute?), the appellate court reviews the issue without deference to the trial judge’s decision. This is the strongest standard for an appellant.
• Clearly Erroneous (Fact-Finding): If the appeal concerns the trial judge’s findings of fact (e.g., evaluating witness credibility in a bench trial), the appellate court will only reverse if the findings were clearly erroneous. This is a highly deferential standard.
• Abuse of Discretion (Discretionary Rulings): If the appeal concerns a discretionary ruling (e.g., admission of evidence, denial of a continuance), the appellate court will only reverse if the judge abused their discretion. This is also highly deferential.

The mistake here is arguing that the judge “was wrong” on a factual matter when the standard is “clearly erroneous,” or arguing a pure legal point under a highly deferential standard.

Our Value: We structure the appellate brief by correctly identifying and arguing the appropriate Standard of Review for each legal issue, framing the argument in the most favorable way possible under Maryland precedent.

Take Control of Your Appeal

Appellate practice demands attention to detail, mastery of procedure, and highly sophisticated written advocacy. The six mistakes outlined above account for the vast majority of dismissed or unsuccessful appeals in Maryland.

Hiring an experienced appellate lawyer from the very beginning is the most effective way to ensure that your appeal proceeds to a decision on the merits. Lusk Law, LLC is ready to review your case and provide the meticulous, strategic representation necessary to navigate the Maryland appellate courts successfully.

If you need a dedicated advocate to assess your trial court decision and pursue an appeal, contact us today for a consultation at (443) 535-9715.