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United States Court Cases

District Of Columbia Court Of Appeals Record

ESTATE OF JAMES C. PATTERSON ETAL V. CARL R. SHAREK, ET AL

Case Information: 05-CV-1523
Short Caption:ESTATE OF JAMES C. PATTERSON ETAL V. CARL R. SHAREK, ET ALClassification:Appeals - Civil - Property
Superior Court or Agency Case Number:CAB9691-04Filed Date:12/21/2005

Opening Event Date:12/21/2005Case Status:Closed
Record Completed:01/25/2006Post-Decision Matter Pending:
Briefs Completed:08/14/2006
Argued/Submitted:03/26/2007
Disposition:Next Scheduled Action:
Mandate Issued:06/11/2007

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEstate of James C. PattersonN
Harvey J. Volzer YN
AppellantJohn Patterson N
Harvey J. Volzer YN
AppellantL.C. Hank Moose N
Harvey J. Volzer YN
AppelleeRebecca Somers N
Raighne C. Delaney YN
James Bruce Davis NN
AppelleeRonald Somers N
James Bruce Davis NN
Raighne C. Delaney YN
AppelleeCarl Sharek N
Brigitte L. Adams YN

Events
Event DateStatusDescriptionResult
12/21/2005NOTICE OF APPEAL
01/18/2006 On consideration of the notice of appeal filed in this case on January 5, 2006, and it appearing that no transcript is needed for this appeal, it is ORDERED that a briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, of the record index in accordance with D.C. App. R. 11 (a)(3)(A). (BY: GP)
01/25/2006RECORD INDEX
01/25/2006RECORD COMPLETED
01/27/2006 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellants brief and the append ix 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 brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP) elp
02/24/2006APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
02/27/2006TMC - appellee's motion to dismiss - appellant's motion for an extension of time to file the brief
03/03/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to to 4/3/06
03/14/2006ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL It is *****MORE*****
03/14/2006ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief is due thirty days from the date of this order. It is *****MORE*****
03/14/2006 FURTHER ORDERED that appellees' request for assessment of fees and damages IS DENIED. (FIKGST)
03/14/2006RECEIVED - Aplt's motion for extension of time to file a response to aple's motion to dismiss
03/16/2006RECEIVED - aplt's oppo to aple's motion to dismiss
04/12/2006APPELLANT'S BRIEF
04/12/2006APPENDIX
04/26/2006APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL (Sharek & Tiefel)
04/27/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF (Sharek & Tiefel) no oppo for 30 days
05/08/2006APPELLANT'S OPPOSITION - to aple's motion to dismiss
05/10/2006TMC - appellant's brief - appellee's motion to dismiss - opposition - appellee's motion for extension of time to file the brief
05/16/2006ORDER DENY APLE MOTION TO DISMISS/WITHDRAW APPEAL W/O PREJUDICE to appellees raising the issue of whether the failure to appeal an interlocutorily appealable order bars an appeal at the conclusion of the case. It is ****MORE*****
05/16/2006ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the brief shall be filed no later than 30 days from the date of this order. It is *****MORE*****
05/16/2006 FURTHER ORDERED that appellees' request for assessment of fees and damages IS DENIED. (FIKGST)
06/09/2006APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION of Ronald & Rebecca Somers to substitute themselves as aples in place of aple William Tiefel pursuant to rule 43, and to allow the Somers' to file an aple's brief on 7/20/06 (dwm)
06/14/2006STATEMENT of consent by Aple Sharek to co-appellee's motions for substitution and for extension of time to file their brief. (dwm)
06/14/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo (Sharek)dwm to 7/20/06
06/22/2006 On consideration of the motion of Ronald and Rebecca Somers to substitute themselves as appellees in place of appellee William Tiefel and to allow the Somers to file a brief on July 20, 2006, and it appearing that the Somers have purchased the property that is the subject of this appeal from William Tiefel, and the consent motion of appellee Carl R. Sharek for extension of time, it is ORDERED that the motion of Ronald and RebeccaSomers to substitute is granted and they shall be substituted in place of appellee William Tiefel. It is FURTHER ORDERED that the motion of appellees Ronald and Rebecca Somers for an extension of time to file the brief is granted and the brief shall be filed on or before July 20, 2006. It is FURTHER ORDERED that the motion of appellee Carl Sharek is granted and the brief shall be filed on or before July 20, 2006. (ETW) elp
07/20/2006APPELLEE'S BRIEF (Sharek & Somers) modified 8/14/06 elp
08/03/2006 It appearing that the brief of appellants and the appendix was filed with this court on June 12, 2006, and it further appearing that the brief of appellees Ronald and Rebecca Somers was due to be filed on or before July 20, 2006, (See D.C. App. R. 31), but have not been filed, it is ORDERED that appellees Ronald and Rebecca Somers shall within 20 days from the date of this order submit their brief, or a statement that the party will not be filing a brief, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the brief, or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to being scheduled for consideration on the record and on the appellate briefs on file. (GP) elp
08/10/2006APPELLEE'S ANSWER/RESPONSE - Ronald & Rebecca Somers to the court's order dated 8/3/06
08/14/2006 On consideration of this court's order of August 3, 2006, directing appellees Ronald and Rebecca Somers to file their brief, and the response thereto, and it appearing that appellees Ronald and Rebecca Somers and Carl R. Sharek have file a joint brief with this court on July 20, 2006, it is ORDERED that this court's order of August 3, 2006, is hereby vacated. It is FURTHER ORDERED that this appeal shall be schedule for consideration before a merits division of this court as soon as the calendar permits. (ETW) elp
08/14/2006BRIEFS COMPLETED
08/31/2006FINAL SCREENING - REGULAR CALENDAR
11/21/2006 It appearing that this appeal is likely to be calendared for argument during the months of February 2007 through March 2007, it is ORDERED that counsel shall advise this court in writing by December 11, 2006, of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
12/04/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Appellant's)
12/07/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Atty B. Adams)
12/11/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
02/02/2007CALENDAR NOTICE SENT
03/26/2007FiledACTION - Argued / Submitted
03/26/2007ARGUED before Judges Farrell, Kramer, Thompson Harvy J. Volzer, Esq. for appellants Raighne C. Delaney, Esq. for appellees Somers Brigitte L. Adams, Esq. for appellee Sharek
03/27/2007CERTIFICATE PER RULE 28
05/17/2007AFFIRMED IN PART/REVERSED IN PART Opinon (Farrell, Kramer, Thompson) and Judgment affirming in part and reversing in part the trial court's decision and remanding the case with instructions, as set forth in said opinion.
06/11/2007MANDATE ISSUED