Radvan-Ziemnowicz v. Commission on Medical Discipline

PER CURIAM: In this case Dr. Stanley A. Radvan-Ziemnowicz appealed to the Circuit Court for Montgomery County from the action of the Commission on Medical Discipline. That court granted the Commission’s motion raising preliminary objection and dismissed the appeal on July 3, 1984. On July 16 Radvan-Ziemnowicz filed a motion for reconsideration. This was denied on September 11.

Radvan-Ziemnowicz entered an appeal to the Court of Special Appeals on September 21. That court by order dated October 17, 1984, dismissed the appeal “as untimely filed in violation of Maryland Rule 1035.b.3.” The cited rule provides that on motion an appeal ³⁰⁰ in the Court of Special Appeals may be dismissed where the order for appeal has not been filed with the lower court within the time prescribed by Maryland Rule 1012. Under Rule 1012 a an order for an appeal shall be filed within thirty days from the date of the judgment appealed from except in certain situations not here relevant. Radvan-Ziemnowicz petitioned us for a writ of certiorari.

We hold that the Court of Special Appeals erred in dismissing the appeal. Therefore, we have issued a writ of certiorari without considering the merits of the question presented by the petitioner and shall remand the case to the Court of Special Appeals for consideration of the appeal from the denial of the motion for reconsideration. The Court of Special Appeals was partially correct in its reasoning. A motion for reconsideration, absent an order staying the effect