LaGrange v. Hinton

603 A.2d 1385, 91 Md. App. 294, 1992 Md. App. LEXIS 79
CourtCourt of Special Appeals of Maryland
DecidedApril 9, 1992
DocketNo. 1027
StatusPublished
Cited by1 cases

This text of 603 A.2d 1385 (LaGrange v. Hinton) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LaGrange v. Hinton, 603 A.2d 1385, 91 Md. App. 294, 1992 Md. App. LEXIS 79 (Md. Ct. App. 1992).

Opinion

ALPERT, Judge.

Alexander LaGrange, appellant, appeals the decision (grant of appellee’s motion and denial of his cross-motion for summary judgment) of the Circuit Court for Anne Arundel County, which upheld an order of the Orphans’ Court. The Orphans’ Court rescinded its October 13, 1987 order, which established appellant as personal representative of his mother’s estate (the late Lucille A. LaGrange), ostensibly because appellant had been convicted of an unnatural or perverted sexual practice (oral sex; see Md.Code Article 27, § 554). In his stead, the Orphans’ Court, by its order of August 4, 1988, placed Linda Hinton, appellee and daughter of Lucille LaGrange, as successor personal representative.

[296]*296Lucille LaGrange passed away on August 22, 1987. She left behind four children, two of whom are parties in the present action. Her will, admitted to probate, listed appellant as personal representative and appellee as successor personal representative. On August 27, 1987, acting upon appellee’s petition for judicial probate, the Orphans’ Court for Anne Arundel County appointed appellee as special administrator contingent upon the filing of proper papers and the posting of a $10,000 bond. The reason for the court’s August 27, 1987 order apparently rested, in part, on appellant’s conviction.

Although her brother, Alexander LaGrange, was named as Personal Representative in the Last Will & Testament, he has been convicted and is awaiting sentence for a crime he committed.

FACTS AND PROCEEDINGS

Appellant filed a petition for probate on September 21, 1987, listing himself as personal representative. Subsequently, on October 6, 1987, the court conducted a hearing. The court listened to the various testimonies and arguments, and received two exhibits. Shortly thereafter, on October 13, 1987, the court issued its decision, in which it appointed appellant as personal representative of Lucille LaGrange’s estate upon his filing of the proper papers and the posting of a $10,000 bond. Appellant did not post the bond.

Appellee took an appeal of the court’s October 13th order to the Circuit Court for Anne Arundel County. She dismissed that appeal, pursuant to a stipulation between the parties, on June 20, 1988. Two days later, appellant sent a letter to the Orphans’ Court requesting that it grant him “letters of administration.” Much to appellant’s dismay, the court, on August 4, 1988, apparently acting sua sponte, rescinded its previous order of October 13, 1987.

Appellant’s attorney dispatched a letter to the court, in which he requested the court to vacate its latest order and [297]*297to conduct a hearing as he had previously asked. The letter provides, in relevant part:

I [Robert S. McNeill, appellant’s counsel] recently received the Court’s August 4, 1988 Order which rescinded the October 13, 1987 Order which appointed Alexander LaGrange as Personal Representative. There was no prior notice to me, nor was any hearing held on the matter, contrary to my request.
I am now reiterating my request for a hearing on this matter, and am requesting that the August 4,1988 Order be vacated____

Not receiving the hoped for reply and results, appellant filed an appeal with the Circuit Court for Anne Arundel County. On appeal, the court granted appellee’s motion for summary judgment, and denied appellant’s cross-motion for the same.

And the Court concludes, after having heard all the evidence — all the argument today, that it is a serious crime, and therefore the Court is going to grant the Summary Judgment [motion] of Linda Hinton, deny the Summary Judgment [motion] of Alexander LaGrange, and the Court finds that Linda Hinton should perform the duties of personal representative.
And it is further Ordered [that] Alexander LaGrange has committed a serious crime, and in accordance with Section 5-105 of the Estates and Trusts Articles [sic] of the Maryland Annotated Code, is not entitled to serve as personal representative. And it’s further Ordered that the Order of the Orphan’s [sic] Court of Anne Arundel County, dated August 4,1988, appointing Linda Hinton as personal representative, is in full force and effect.

Before turning to other matters, the court gave appellant some advice.

I might say that if you don’t agree with the Court’s conclusions, it seems to me you can get yourself a quick hearing up at the Court of Appeals on — Court of Special [298]*298Appeals on the stated facts, because you’ve got the facts, you can get an expedited appeal.

Appellant followed that recommendation, for he comes before us and asks two questions:

1. Did the Circuit Court for Anne Arundel County err in failing to appoint the Petitioner personal representative of the Estate of Lucille LaGrange because both it and the Orphans’ Court lacked jurisdiction to vacate its October 13, 1987 order appointing the Petitioner personal representative of the Estate of Lucille LaGrange?
2. Did the Circuit Court for Anne Arundel County err in deciding that Petitioner’s conviction under Article 27, Section 554 was a “serious crime” for purposes of Section 5-105(b)(3) of the Estates and Trusts Article, and excluded him from appointment as personal representative of the Estate of Lucille LaGrange?

1.

Appellant’s jurisdictional argument is unavailing. He argues that the Orphans’ Court lacked jurisdiction to rescind its October 13, 1987 order, in which the court appointed appellant as the personal representative, contingent upon his completion of procedural matters.1 He overlooks the point that the status that he sought did not go into effect, for he did not file the necessary bond.

Appellant is correct to note that appellee “could not have appealed the Orphans’ Court's October 13, 1987 order a second time on August 4, 1988____” Johnson v. Johnson, 265 Md. 327, 331-32, 289 A.2d 318 (1972) (res judicata). Appellee’s appeal, filed October 23, 1987, took the fight from the Orphans’ Court to the Circuit Court. Subsequently, appellee, pursuant to a stipulation, dismissed that appeal. Thus, judicial resolution of issues relating to Lucille [299]*299LaGrange’s estate was once again in the Orphans’ Court’s domain. Then, on August 4, 1988, the Orphans’ Court rescinded its October 13, 1987 order. The status accorded appellant by the latter order was never perfected because appellant did not file a bond.

Furthermore, and fatal to his jurisdictional position, is the appeal he took to the Circuit Court for Anne Arundel County (filed on September 6, 1988). The Orphans’ Court should have held a hearing before it decided to revoke appellant’s status as personal representative, Schmidt v. Chambers, 265 Md. 9, 38, 288 A.2d 356 (1972); Richards v. Richards, 27 Md.App. 1, 14, 338 A.2d 377 (1975); however, appellant waived any error by instituting his appeal. The Circuit Court, under the authority of § 12-502 of the Courts Article, considered the parties’ arguments as if they were raised for the first time.

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Bluebook (online)
603 A.2d 1385, 91 Md. App. 294, 1992 Md. App. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lagrange-v-hinton-mdctspecapp-1992.