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United States Court Cases

District Of Columbia Court Of Appeals Record

GWENDOLYN THOMPSON-SWANN V. LEVI TURNER

Case Information: 05-CV-1447
Short Caption:GWENDOLYN THOMPSON-SWANN V. LEVI TURNERClassification:Appeals - Civil - Property
Superior Court or Agency Case Number:CAB9640-04Filed Date:11/30/2005

Opening Event Date:11/30/2005Case Status:Closed
Record Completed:04/10/2006Post-Decision Matter Pending:
Briefs Completed:06/27/2006
Argued/Submitted:01/18/2007
Disposition:Next Scheduled Action:
Mandate Issued:02/16/2007

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantGwendolyn Thompson-Swann N
Darryl F. WhiteYN
AppelleeLevi Turner N
Tonya Primus Waller YN

Events
Event DateStatusDescriptionResult
11/30/2005NOTICE OF APPEAL
12/27/2005 On consideration of the notice of appeal filed in this case on November 30. 2005, it is ORDERED that appellant shall, within 20 days from the date of this order, complete and file 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 raised on appeal 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 appellant's failure to respond to any order of this court, including this order, shall subject this appeal to dismissal without further notice for lack of prosecution. See D.C. App. R. 13(a). (ETW) elp
01/19/2006STATEMENT REGARDING TRANSCRIPT(S) (NO RT NEEDED)
04/10/2006RECORD INDEX
04/10/2006RECORD COMPLETED
04/11/2006 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief 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 appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP) elp
05/19/2006APPELLANT'S BRIEF
05/19/2006APPENDIX - aplt
06/14/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 6/26/06
06/16/2006 On consideration of appellee's consent motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before June 26, 2006. (GP) elp
06/26/2006APPELLEE'S BRIEF
06/26/2006APPENDIX (aple's) (attached to brief)
06/27/2006BRIEFS COMPLETED
08/01/2006FINAL SCREENING - REGULAR CALENDAR
11/30/2006CALENDAR NOTICE SENT
01/18/2007FiledACTION - Argued / Submitted
01/18/2007ARGUED before Judges Glickman, Blackburne-Rigsby, Ferren Darryl F. White, Esq. for appellant Tonya L. Waller, Esq. for appellee
01/24/2007ORDER Upon consideration of this appeal, it appears that this court lacks jurisdiction over this matter. Jones v. American Express Company, 485 A.2d 607, 609 (D.C. 1984); Metropolitan Baptist Church, Inc. v. Minkoff, 462 A.2d 460 (D.C. 1983). The counterclaim has not been disposed of and is still pending in the trial court. A Rule 54(b) judgment has not been entered. In pertinent part, Rule 54(b) provides that (w)hen more than (one) claim for relief is presented in an action ...the Court may direct the entry of final judgment as to (one) or more but fewer than all claims...only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. This was not done in this matter, therefore the November 2, 2005, order granting summary judgment was not a final appealable order. Accordingly, it is ORDERED that this appeal is hereby dismissed. (GL,BR,FE)
01/24/2007DISMISSED (see order filed January 24, 2007.)
02/16/2007MANDATE ISSUED