Feng v. Chen
This text of Feng v. Chen (Feng v. Chen) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Circuit Court for Montgomery County Case No. C-15-FM-22-002132
IN THE SUPREME COURT
OF MARYLAND
Petition No. 263
September Term, 2024
SHAOSHAN FENG
v.
SHAOMIN CHEN
Fader, C.J., Watts, Booth, Biran, Gould, Eaves, Killough, JJ.
PER CURIAM ORDER
Filed: November 26, 2024 * IN THE * SUPREME COURT SHAOSHAN FENG * OF MARYLAND * v. Petition No. 263 * September Term, 2024
SHAOMIN CHEN * (No. 1586, Sept. Term, 2023 Appellate Court of Maryland) * (Cir. Ct. No. C-15-FM-22-002132) *
ORDER
In the Circuit Court for Montgomery County, the petitioner, Shaoshan Feng, filed a
notice of appeal of the judgment of absolute divorce entered on September 15, 2023. On
February 6, 2024, the Appellate Court issued an order commencing the 10-day period in
which Ms. Feng must order any necessary transcripts. After the 10-day period expired and
the transcripts had not been ordered, the Appellate Court ordered Ms. Feng to show cause
why the appeal should not be dismissed for failure to order the transcripts.
On May 13, 2024, Ms. Feng filed an answer to the show cause order stating that she
included the September 8, 2023 transcript to her brief and that she “believes it to be the
only transcript necessary for the appeal.” On May 20, 2024, the Appellate Court ordered
Ms. Feng to submit proof in writing that she ordered and submitted payment for the
transcripts of the July 10, 11, and 12, 2023 proceedings in the circuit court or the appeal
may be dismissed.
On June 3, 2024, Ms. Feng filed a response to the Court’s May 20, 2024 order asking
that the Court excuse the requirement that she provide the relevant transcripts. On June 14, 2024, the Appellate Court again ordered Ms. Feng to submit proof in writing that she
ordered and submitted payment for the transcripts of the July 10, 11, and 12 proceedings
ior the appeal may be dismissed.
On July 17, 2024, the Appellate Court dismissed the appeal pursuant to Maryland
Rule 8-802(c)(4) because Ms. Feng failed to provide the necessary transcripts. Ms. Feng
sought review in this Court by petition for writ of certiorari.
Subsequent to the Appellate Court’s dismissal order, the Administrative Office of
the Courts has initiated a program pursuant to which funds may be available for preparation
of transcripts in certain appeals. It is not clear whether the program would apply in this
case.
Upon consideration of the petition, it is this 26th day of November 2024, by the
Supreme Court of Maryland,
ORDERED that the petition is granted; and it is further
ORDERED that the order of the Appellate Court of Maryland dismissing the appeal
is vacated; and it is further
ORDERED that this case is remanded to the Appellate Court for a determination of
whether the newly created program established to provide payment for transcripts for
qualifying self-represented litigants is able to cover the cost of the petitioner’s transcripts.
Pursuant to the Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic. /s/ Matthew J. Fader 2024.11.26 08:26:15 Chief Justice -05'00'
Gregory Hilton, Clerk
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