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IN THE COURT OF APPEALS OF MARYLAND

No. 32 September Term, 2009

LISA WHITTAKER v. TERRANCE DIXON

Bell, C.J. Harrell Battaglia Greene Murphy Adkins Barbera, JJ.

PER CURIAM ORDER Bell, C.J., Murphy and Adkins, JJ., Dissent.

Filed: November 18, 2009

LISA WHITTAKER

* * *

IN THE COURT OF APPEALS OF MARYLAND No. 32 September Term, 2009

v. * TERRANCE DIXON *

PER CURIAM ORDER
The petition for writ of certiorari in the above-entitled case having been granted and argued, it is this 18th day of November, 2009, ORDERED, by the Court of Appeals of Maryland, that the writ of certiorari be, and it is hereby, dismissed with costs, the petition having been improvidently granted.

/s/ Glenn T. Harrell, Jr. Senior Judge

IN THE COURT OF APPEALS OF MARYLAND No. 32 September Term, 2009

LISA WHITTAKER v. TERRANCE DIXON

Bell, C.J. Harrell Battaglia Greene Murphy Adkins Barbera, JJ.

Dissenting Opinion by Murphy, J., which Adkins, J., joins and Bell, C.J., joins in part. Filed: November 18, 2009

The petition for writ of certiorari that was filed in the case at bar asserts that "Petitioner is a Major in the United States Army and deployed overseas to Afghanistan in February, 2008. Prior to her deployment Petitioner entrusted the full time care and physical custody of the parties' minor child[, a daughter], born April 11, 2006, to her parents residing in Chesapeake, Virginia." Petitioner argues that the Circuit Court for Anne Arundel County did not have jurisdiction to enter an order granting her ex-husband, Respondent, "temporary residential custody" of their child.1 Petitioner and Respondent were divorced by a JUDGMENT OF ABSOLUTE DIVORCE entered on September 13, 2007. In that judgment, the Circuit Court ordered that (1) Petitioner "be granted sole legal custody of the minor child . . . so as to obtain a

1

According to Petitioner, the case at bar presents three questions: (1) Whether the Courts below erred in upholding the Circuit Court judgment [that] was issued without a jurisdictional basis and in violation of Petitioner's rights pursuant to the federal Servicemember's Civil Relief Act (SCRA), 50 App. U.S.C.A.

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