Md. Military Department v. Harrington

• Court: Court of Appeals of Maryland
• Decided: May 22, 2026
• Docket: 10pet/26
• Status: Published

Opinion

Circuit Court for Baltimore County Case No. C-03-CV-25-001906

IN THE SUPREME COURT

OF MARYLAND

Petition No. 10

September Term, 2026

MARYLAND MILITARY DEPARTMENT

v.

WAYNE HARRINGTON

Fader, C.J., Watts, Booth, Biran, Gould, Eaves, Killough, JJ.

PER CURIAM ORDER

Filed: May 22, 2026 Pursuant to the Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2026.05.22 '00'04- 14:13:12 Gregory Hilton, Clerk IN THE * SUPREME COURT MARYLAND MILITARY * DEPARTMENT OF MARYLAND * Petition No. 10 v. * September Term, 2026 * (No. 2315, Sept. Term, 2025 WAYNE HARRINGTON Appellate Court of Maryland) * (Cir. Ct. No. C-03-CV-25-001906) * ORDER

In the circuit court, the Maryland Military Department sought judicial review of the

Office of Administrative Hearing’s April 3, 2025 order regarding the Department’s

termination of an employee. After a hearing, the circuit court affirmed the order and

remanded the matter for proceedings consistent with it. The Department, the petitioner,

noted an appeal to the Appellate Court of Maryland, but did not file a Civil Appeal

Information Report with the appeal. The Appellate Court notified the parties of the case

number for the appeal and gave notice to petitioner that the civil appeal information report

required by Rule 8-205(b) had not been filed and that failure to file the report within 15

days might result in the dismissal of the appeal. The Department did not file a civil appeal

information report, and the appeal was dismissed on January 23, 2026. The petitioner then

filed a petition for writ of certiorari and a motion for immediate remand to the Appellate

Court. In the petition, the petitioner argues that the failure to file the civil appeal

information report was the result of “excusable errors” by counsel, and that the petitioner

was unable to make that case to the Appellate Court because that court no longer had jurisdiction over the appeal.

Upon consideration of the petition for writ of certiorari, the response in opposition

to the petition, the motion for immediate remand, and the record in this case, it is this 22nd

day of May 2026, by the Supreme Court of Maryland,

ORDERED that the petition for writ of certiorari is granted and the motion for

immediate remand is granted in part; and it is further

ORDERED that the Appellate Court’s January 23 order dismissing the petitioner’s

appeal is vacated. The case is remanded to the Appellate Court so that the petitioner may

present to that court its contention that its failure to file the civil appeal information report

was the result of excusable errors or neglect.

/s/ Matthew J. Fader Chief Justice