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Karen V. McIntyre v. Kevin L. McIntyre, et al.

Paid petition · Court of Special Appeals of Maryland, No. 2685, September Term, 2018 · judgment September 3, 2020


Certiorari denied · June 28, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Should a state court be allowed to recognize a trust accounting produced by the trustee of an inter vivos trust as meeting the requirements of state law, that was 1) submitted only as a result of legal actions brought against the trustee by a beneficiary of the trust and 2) produced only during the discovery phase of a trial; thereby allowing a court to use its judicial discretion to interpret and/or redefine a trustee’s obligation under state law and/or the terms of the trust instrument, that clearly state what the trustee is required to do to satisfy the beneficiaries request for a full, complete and timely accounting of the trust? Should state courts be allowed to dismiss a case before it has answered an open petition for contempt of court properly filed against a trustee based on state law that mandated the court remove a fiduciary who has "willfully disregarded an order of the court;" thereby violating its oath of office to uphold the laws of the state?

Counsel of record

For petitioner
Karen McIntyre

For respondent
John H. Doud III
John H. Doud, III, Esq.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 28 2021
    Petition DENIED.
  2. Jun 08 2021
    DISTRIBUTED for Conference of 6/24/2021.
  3. May 10 2021
    Waiver of right of respondent Kevin L. McIntyre to respond filed.
  4. Apr 16 2021
    Petition for a writ of certiorari filed. (Response due May 26, 2021)