§ 7-109. Appeal of final order


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  •    (a) Application. -- Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State's Attorney, may apply to the Court of Special Appeals for leave to appeal the order.

    (b) Appeal procedure. --

       (1) The application for leave to appeal shall be in the form set by the Maryland Rules.

       (2) If the Attorney General or a State's Attorney states an intention to file an application for an appeal under this section, the court may:

          (i) stay the order; and

          (ii) set bail for the petitioner.

       (3) If the application for leave to appeal is granted:

          (i) the procedure for the appeal shall meet the requirements of the Maryland Rules; and

          (ii) the Court of Special Appeals may:

             1. affirm, reverse, or modify the order appealed from; or

             2. remand the case for further proceedings.

       (4) If the application for leave to appeal is denied, the order sought to be reviewed becomes final.

    (c) Costs. -- The Court of Special Appeals shall direct the political subdivision in which an order is passed to pay the necessary costs and expenses associated with a review under this section, including all court costs, stenographic services, and printing, if:

       (1) a person seeks a review under this section within 30 days after judgment;

       (2) the Court of Special Appeals grants leave to appeal under this section; and

       (3) the Court of Special Appeals finds that the person is unable to pay the costs of the review.


HISTORY: An. Code 1957, art. 27, § 645E, 645-I; 2001, ch. 10, § 2.