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In re John M.12/1/1999
ffense perpetrated by John M. After that ruling, the following exchange occurred:
THE COURT: ... So, do you want to continue the hearing, have the dollars and cents put on or do you not?
MR. SHAPIRO [John M.'s counsel]: Uh, I would like to consult with my client.
THE COURT: Certainly.
MR. SHAPIRO: Your honor we think that it would be appropriate to postpone the remainder of the restitution hearing.
THE COURT: Okay. Then we'll do that. We'll set a restitution hearing in thirty days.
Although John M.'s counsel had stated, earlier in the hearing, that restitution should be determined on that day, it was John M. and his counsel who requested that the court "postpone the remainder of the restitution hearing." As such, John M. clearly waived the issue of whether the hearing was properly postponed. See Md. Rule 8-131(a).
Even were the issue of the postponement preserved, we would find good cause for postponement, as the parties had been able to hear testimony from only one of the three expert witnesses from the CPC Health. Their testimony was vitally important to an understanding of the psychological and emotional harm done to the girls, and the court therefore would have had good cause to postpone the hearing.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED TO THE DISTRICT COURT OF MARYLAND FOR MONTGOMERY COUNTY, SITTING AS A JUVENILE COURT, FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
COSTS TO BE PAID 5/6 BY JOHN M. AND HIS MOTHER AND 1/6 BY APPELLEE.
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