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RUSSELL v. GAITHER

No. 01344, September Term, 2007.

952 A.2d 1013 (2008)

181 Md. App. 25

Marquitta Jo RUSSELL, Appellant, v. Jennifer F. GAITHER, Personal Representative of the Estate of Vinnie R. Henderson, Appellee.

Court of Special Appeals of Maryland.

July 7, 2008.

Attorney(s) appearing for the Case

Thomas J. Gisriel (Hodes, Pessin & Katz, PA on the brief), Towson, for Appellant.

Stephen H. Sacks (Steven E. Silberg, Silberg & Silberg on the brief), Baltimore, for Appellee.

Panel: DEBORAH S. EYLER, ZARNOCH, WRIGHT, JJ.

ZARNOCH, Judge.

In this case, we are asked to determine whether the orphans' court or the circuit court is the proper forum for the determination of factual issues in appellant's caveat proceeding. For the reasons set forth below, we conclude that the Orphans' Court for Baltimore City erred in rejecting as untimely the appellant's Petition to Transmit Issues to the Circuit Court.

FACTS AND PROCEEDINGS

The relevant facts in this case are not in dispute...

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