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Need advice on "En Banc Review" being filed spouse!
Anonymous4 views2 answers
We were granted a limited divorce. My Spouse asked for full custody, child support, alimony, 100% use and posession of the marital home, and attorney fees. I asked for 50/50 joint custody and 100% use and posession of the marital home. We recevied a written verdict stating we both were granted joint physical and legal custody, the marital home falls under a nesting agreement for the children, no lawyer fees to be paid by the other party, no alimony. The judge found my spouse volunteraliy improvishing (spouse still doesn't have a job) and left the nesting agreement exclusivity to expire in 6 months. Now spouse has been granted an En Banc Review.
How often does this happen? What are your legal thoughts as to what grounds my spouse would have. How often does a verdict get overturned?
Pretty rare to file for an In Banc review in a limited divorce action, considering there is no judgment of absolute divorce yet (apparently, you have not been separated long enough, and there are no other legal grounds to grant a final divorce). What is the issue being appealed? Is it a narrow legal question? From your description, I might guess your spouse is unhappy with the factual determination of voluntary impoverishment and denial of alimony. Basically, in lieu of an appeal to the Court of Special Appeals, which can be expensive and time consuming, a party can elect to file for review of a circuit court judge's order by a three judge panel of judges from the same court. No other appeal is allowed by the party who requested the In Banc review, but if you (as the non-appealing party) do not like the decision of the In Banc panel, then you are entitled to appeal to the higher appellate court. Generally, a reviewing court is bound by the factual determinations of the trial judge, and will only modify or reverse a decision based upon an error in applying the law to the facts. An In Banc review can take anywhere from three to nine months (or more) depending on the time to appoint the three judges for the panel, and their schedules for reviewing and holding a hearing on the issues raised. Both parties will file written memoranda of law arguing their case on the issues raised, and then there will be oral argument before the three judge panel. In the meantime, you may reach a point before then for a trial on a judgment of absolute divorce, which would moot the whole process. That's why I am surprised at the filing of the In Banc review. Do you have a lawyer? If so, consult with him or her on this issue. If not, you may do well to get one.
Robert Kinsey Taylor JrAppeals LawyerBaltimore, MD ·
En banc appeals in the circuit court are very rare under all circumstances, and would seem to be especially rare in a limited divorce action. Because they are so rare, it is impossible to say how frequently the panel reverses the trial judge.
As for what grounds your spouse might have, there is no way to say without reviewing the files, the pleadings, and the order. Hire a local divorce attorney. You will probably not find one who has done an en banc appeal before.
