PRIDE MARK REALTY, INC. v. MULLINS

No. 649, September Term, 1975.

30 Md. App. 497 (1976)

352 A.2d 866

PRIDE MARK REALTY, INC. v. CARL B. MULLINS ET UX.

Court of Special Appeals of Maryland.

Decided March 3, 1976.


Attorney(s) appearing for the Case

Josef B. Brown and Richard E. Ekstrand, with whom were Reichelt, Nussbaum & Brown on the brief, for appellant.

Joseph C.V. Ferrusi for appellees.

The cause was argued before THOMPSON, MOYLAN, MENCHINE and LOWE, JJ.


LOWE, J., delivered the opinion of the Court.

Despite opinions expressed to the contrary, most appellate courts try to meet, rather than to avoid, the issues raised upon appeal. Perhaps on too many occasions, particularly when the questions are intriguing, we have succumbed to the siren's song, and treated issues raised here but improperly preserved below. The issue here discussed is of that nature, enticingly interesting but improperly preserved. Though initially...

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