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SIMMONS v. PERKINS

No. 68, September Term, 1984.

302 Md. 232 (1985)

486 A.2d 1192

LUIZ R.S. SIMMONS ET AL. v. RENEE PERKINS.

Court of Appeals of Maryland.

January 22, 1985.

Attorney(s) appearing for the Case

Luiz R.S. Simmons, Silver Spring, for appellant.

No brief filed by appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and EDWARD D. HIGINBOTHOM, Associate Judge of the Third Judicial Circuit (retired), Specially Assigned.

RODOWSKY, Judge.

Former Maryland Rule 604 b provided:

In an action or part of an action, if the court finds that any proceeding was had (1) in bad faith, (2) without substantial justification, or (3) for purposes of delay the court shall require the moving party to pay to the adverse party the amount of the costs thereof and the reasonable expenses incurred by the adverse party in opposing such proceeding, including reasonable attorneys' fees.

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