LUPPINO v. GRAY

No. 115, September Term, 1993.

336 Md. 194 (1994)

ROCCO LUPPINO v. STEPHEN GRAY AND MARY SORACI.

Court of Appeals of Maryland.

September 13, 1994.


Attorney(s) appearing for the Case

Walter W. Pitsenberger, Bowie, for petitioner.

James K. Archibald (G. Stewart Webb, Jr., Mitchell Y. Mirviss, Venable, Baetjer and Howard, all on brief) Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


BELL, Judge.

We granted certiorari to consider whether, in light of Article IV, section 8(a) of the Maryland Constitution, the failure of the parties to a civil action to elect a jury trial pursuant to Maryland Rule 2-325, thus waiving their right to that mode of trial, results in a constitutionally guaranteed court trial.1 In an unreported opinion, a divided panel of the Court of Special Appeals held that it does not. We granted the petition...

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