Wallick v. Wallick

Moylan, J., delivered the opinion of the Court. Maryland Rule 1035 b provides, in pertinent part: “On motion filed by any party, an appeal may be dismissed for any one of the following reasons: 2. The appeal has not been properly taken pursuant to Rule 1011 (How Appeal to be Taken).” Maryland Rule 1011 a, in turn, provides: “An appeal to this Court shall be taken by filing an order for appeal with the clerk of the lower court; ⁷⁰⁷ provided, however, that an application for leave to prosecute an appeal in a post conviction case may be filed either with the Clerk of this Court or with the clerk of the lower court to be transmitted forthwith by him, with the record of the post conviction proceeding, to this Court. A copy of the order for appeal shall be served upon all other parties in the manner prescribed by section c of Rule 306 (Service of Pleadings and Other Papers) and proof of such service shall be made in the manner prescribed by section d of Rule 306 (Service of Pleadings and Other Papers).” (Emphasis supplied) The appellant in this case, Edith H. Wallick, candidly acknowledges that she failed to serve upon the appellee, Robert D. Wallick, any notice of this appeal.

The appellee has moved, under Maryland Rule 1035 b 2, to have us dismiss the appeal because of the appellant’s failure to comply with Maryland Rule 1011 a. We have no choice but to do so. Judge Gilbert, writing for this Court in Callahan v. Dean, 17 Md. App. 67, 71 , 299 A. 2d 479, 481 , dealt with a similar situation concerning a record on appeal, saying in that case: “In any number of cases, * * * [citations omitted], the Court of Appeals and this Court have stated that the rules of practice are not guides or merely helpful hints to the practice of law. They are precise rubrics established to promote the orderly and efficient administration of