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Chapman v. Kamara
State: Maryland
Court: Court of Appeals
Docket No: 18/98
Case Date: 10/25/1999
Preview:Chapman v. Kamara, No. 18, September Term, 1998 CIVIL PROCEDURE--TRIAL COURT'S REVISORY POWER--LACK OF PERSONAL JURISDICTION. Where trial court exercised jurisdiction without service of process on defendant or valid waiver of process, court should upon motion have exercised revisory power to vacate judgment. Maryland Rule 2-535. CIVIL PROCEDURE--PERSONAL JURISDICTION--SERVICE OF PROCESS-- WAIVER BY ATTORNEY'S APPEARANCE--PRESUMPTION THAT APPEARANCE IS AUTHORIZED. Where insured's unrebutted testimony established lack of service of process and lack of authorization for insurer's attorney's appearance, any presumption that entry of attorney's appearance was authorized was rebutted. ESTATES AND TRUSTS--PERSONAL REPRESENTATIVE--ACTION BEFORE APPOINTMENT--RATIFICATION BY SUBSEQUENT ACTION. Where personal representative of estate participated in consent judgment against estate before appointment as personal representative, he ratified consent judgment by doing nothing to amend or alter consent judgment during his subsequent tenure. Maryland Code (1974, 1991 Repl. Vol., 1998 Cum. Supp.)
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