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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: ESTATE OF GERALDINE MCKENNEY; KHALID M. ELTAYEB, APLT

Case Information: 06-PR-1427
Short Caption:IN RE: ESTATE OF GERALDINE MCKENNEY; KHALID M. ELTAYEB, APLTClassification:Appeals - Probate - Probate
Lead:06-PR-1427Consolidated: 06-PR-1428
Superior Court or Agency Case Number:ADM1556-04Filed Date:11/02/2006

Opening Event Date:11/02/2006Case Status:Closed
Record Completed:03/16/2007Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:12/09/2008

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantKhalid M. Eltayeb N
Robert L. Dillard YN
Frederick A. DouglasNY
AppelleeEstate of Geraldine MckenneyN
C. Hope BrownNY
AppelleeJoseph W. Mckenney N
Gary M. Sidell NN
AppelleeMehdi Ghorbani N
Paul M. ToulouseNY

Events
Event DateStatusDescriptionResult
11/02/2006NOTICE OF APPEAL
01/08/2007 Upon consideration of the notices of appeal in these matters, and it appearing that no transcript is needed for appeal no. 06-PR-1427 and it further appearing that transcript is needed in appeal no. 06-PR-1428, it is ORDERED, sua sponte, that appeals nos. 05-PR-1271, 06-PR-1427 and 06-PR-1428 are consolidated for all purposes. It is FURTHER ORDERED that, in appeal no. 05-PR-1271, appellee the Estate of Geraldine McKenney's brief remains due to be filed on or before January 16, 2007. It is FURTHER ORDERED that appellant, in appeal no. 06-PR-1428, shall within 20 days from the date of this order complete and filed with this court a single copy of the attached statement regarding transcript. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting Division to forward said transcript(s) for inclusion in the record on appeal. If partial transcripts are being ordered, appellant must file a statement of issues to be presented with this court within 10 days from the date of this order. See D.C. App. R. 10 (b)(3)(A). It is FURTHER ORDERED that, in appeal no. 06-PR-1428, appellant's failure to respond to any order of this court, including this order, shall subject appeal no. 06-PR-1428 to dismissal without further notice for lack of prosecution. See D.C. App. R. 13 (a). It is FURTHER ORDERED that a supplemental briefing order addressing the issues raised in appeals nos. 06-PR-1427 & 06-PR-1428 will be issued upon the filing in this court, by the Clerk of the Superior Court, of the record indexes in accordance with D.C. App. R. 11 (b)(3)(A). (GP) elp
01/16/2007APPELLEE'S BRIEF - Estate of Geraldine B. McKenney (for 05-PR-1271)
01/18/2007STATEMENT REGARDING TRANSCRIPT(S) 06pr1428 (RT NOT NEEDED) elp
03/16/2007RECORD INDEX for both appeals.
03/16/2007RECORD COMPLETED
03/20/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellants' briefs and the appendix including the documents required by D.C. App. R. 30 (a)(1), shall be filed within 40 days from the date of this order, and appellees' briefs shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP) elp
04/27/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until May 9, 2007 (in 06-PR-1428) (Ghorbani)
04/30/2007MEMORANDUM/STATEMENT IN LIEU OF BRIEF by appellant to allow brief filed on 9/12/06 in 05-PR-1271 serve as his brief in this matter (06-PR-1427)
05/08/2007APPELLANT'S MOTION FOR STAY appeal in 06-PR-1427 & 06 PR-1428 or in the alternative ext time for aplt, Ghorbani to file his brief in 06-PR-1428. (partial consent)
05/21/2007APPELLEE'S OPPOSITION to appellant's motion for stay and motion to enlarge time
05/22/2007APPELLANT'S OPPOSITION (Eltayeb) to Appellant (Ghorbani's) Motion to Stay Appeal in no. 06-PR-1427 AND 06-PR-1428
05/24/2007APPELLANT'S REPLY - to aple's opposition to aplt's motion to stay appeal 06PR1427 and 06PR1428
05/29/2007 On consideration of appellant Mehdi Ghorbani's motions for an extension of time to file the brief, and Mehdi, Ghorbani's partial consent motion to stay appeals no. 06-PR-1427 and 06-PR-1428, or in the alternative to enlarge time for filing brief in appeal no. 06-PR-1428, the oppositions and reply thereto, and it appearing that briefings has been completed in 05-PR-1271, it is ORDERED, sua sponte, that appeal no. 05-PR-1271 is severed from these appeals. It is FURTHER ORDERED that appeal no 05-PR-1271 shall be scheduled for consideration before a merits division as soon as the calendar permits. It is (MORE)
05/29/2007 FURTHER ORDERED that appellant Mehdi Ghorbani's motions are granted to the extent that appeals no. 06-PR-1427 and 06-PR-1428 are hereby stayed pending a decision in appeal no. 05-PR-1271. (ETW) elp
07/26/2007CHANGE OF ADDRESS RECEIVED - from aple's counsel (Gary Sidell) effective July 30, 2007 to the following: 1776 K St, NW Suite 800 Washington, DC 20006
08/21/2008 On consideration of this court's order of Mau 29, 2007, which stayed these appeals pending a decision in related appeal 05-PR-1271, and it appearing that appeal was decided on July 24, 2008, it is ORDERED that the stay entered by this court on May 29, 2007, is hereby vacated. It is (MORE)
08/21/2008PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
08/21/2008 FURTHER ORDERED that appellants' briefs and the appendix including the documents required by D.C. App. R. 30 (a)(1), shall be filed within 40 days from date of this order, appellees' briefs shall be filed within 30 days thereafter. See D.C. App. R. 31. (ETW) elp
09/30/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 06-PR-1428 to 30 days. (Medhi Ghorbani) (opposition) elp
10/14/2008APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL 06-PR-1427
10/14/2008APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL #06-PR-1428 (Estate of Geraldine McKenney)
10/15/2008APPELLEE'S OPPOSITION to Appellant's Motion to Enlarge (Estate of Geraldine McKenney)
10/15/2008TMC - appellant's motion for extension to file brief - opposition - appellee's motion to dismiss OR for affirmance (MCKENNEY)
10/23/2008APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL or in th e alternative for summary affirmance and imposition of bond (Joseph McKenney)dwm
10/29/2008COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS
11/07/2008 ORDERED that appellant's consent MOTION IS GRANTED and appeal no. 06-PR-1427 is HEREBY DISMISSED. It is *****MORE********
11/07/2008 FURTHER ORDERED that appellee's MOTIONS TO DISMISS and for SANCTIONS ARE DENIED. It is ******MORE*******
11/07/2008 FURTHER ORDERED that appellee's MOTIONS FOR SUMMARY AFFIRMANCE ARE GRANTED since the facts and law are both clear-cut and undisputed. See Oliver T. Carr Mgm't, Inc. v. Nat'l Deli, Inc. 397 A.2d 914, 915 (D.C. 1979). Specifically , the appellant cannot demonstrate the trial court erred in concluding that appellee McKenney did not have a valid title to convey. See D.C. Code 20-105 (2001);... It is *******MORE**********
11/07/2008 FURTHER ORDERED that appellant's MOTION FOR EXTENSION OF TIME and appellees' MOTIONS for BOND ARE DENIED AS MOOT. It is *****MORE********
11/07/2008 FURTHER ORDERED and AJUDGED that the orders on appeal in CASE NO. 06-PR-1428 be and HEREBY ARE AFFRIMED. (KRFITH)
11/07/2008DISMISSED
12/09/2008MANDATE ISSUED