| Case Information: 06-CV-1074 | |||
| Short Caption: | PHYLLIS J. OUTLAW, ET AL. V. BERNARD ENGLANDER | Classification: | Appeals - Civil - Contracts |
| Superior Court or Agency Case Number: | CAB9802-05 | Filed Date: | 08/24/2006 |
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| Opening Event Date: | 08/24/2006 | Case Status: | Closed |
| Record Completed: | Post-Decision Matter Pending: | ||
| Briefs Completed: | |||
| Argued/Submitted: | |||
| Disposition: | Next Scheduled Action: | ||
| Mandate Issued: | 11/16/2006 | ||
| Party Information | |||||
| Appellate Role | Party Name | IFP | Attorney(s) | Arguing Attorney | E-Filer |
| Appellant | Phyllis J. Outlaw | N | Pro Se | N | |
| Appellant | Phyllis J. Outlaw & Associates | N | Pro Se | N | |
| Appellee | Bernard Englander | N | Pro Se | N | |
| Events | ||||
| Event Date | Status | Description | Result | |
| 08/24/2006 | NOTICE OF APPEAL | |||
| 10/02/2006 | ORDERED that appellants shall within 20 days from the date of this order SHOW CAUSE why this appeal should not be dismissed for lack of jurisdiction as having been taken from a non-final and non-appealable order of the Superior Court. See Allen v. Yates, 870 A.2d 39 (2005);... (BY: ETW) lw | |||
| 10/02/2006 | TMC - OTSC - appellee's motion to dismiss - appellant's opposition and response | |||
| 10/04/2006 | APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL **and REQUEST TO RECOVER ATTORNEY'S FEES & COSTS **REQUEST for fees IS DENIED (SEE 10/25/06 ORDER) **REQUEST for cost IS GRANTED (SEE 10/25/06 ORDER) LW | |||
| 10/04/2006 | APPEARANCE - of Bernard Englander for aple | |||
| 10/11/2006 | APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITION to aple's motion to dismiss 20 days no oppo | |||
| 10/13/2006 | On consideration of appellant's unopposed motion for an extension of time to file a response to appellee's motion to dismiss, it is ORDERED that appellant's motion is granted to the extent that appellant's response, if any, to appellee's motion to dismiss shall be filed on or before October 23, 2006. (BY: GP) | |||
| 10/23/2006 | APPELLANT'S OPPOSITION - to aple's motion to dimsiss the appeal and answer to show cause why this case should not be dismissed | |||
| 10/25/2006 | ORDERED that appellee's motion IS GRANTED TO THE EXTENT that this APPEAL IS HEREBY DISMISSED. Morgan v. American Univ., 534 A.2d 323 (D.C. 1987), does not allow this court to exercise jurisdiction. That case held that the denial of a motion to dismiss or for summary judgment may be addressed on appeal after trial in case where it can be shown that the trial court abused its discretion in denying the motion. Morgan does not apply to the pretrial denial of appellants' motion to dismiss or for summary judgment, orders which this court has held are not final or appealable. See Allen v. Yates, 870 A.2d 39 (D.C. 2005); Finkelstein, Thompson & Loughran v. Heispherx Biopharma, Inc., 774 A.2d 332 (D.C. 2001). It is *****MORE***** | |||
| 10/25/2006 | FURTHER ORDERED that appellee's MOTION IS DENIED TO THE EXTENT it seeks to recover attorney's fees. Appellee has identified no provision which would justify such an award. See Aleyska Pipeline Serv. Co. v. Wilderness Soc'y, 421 U.S. 240 (1975). It is FURTHER ORDERED that appellee's MOTION IS GRANTED TO THE EXTENT it seeks costs. Appellee is entitled to costs per D.C. App. R. 39 (a)(1), thus, it is HEREBY ORDERED that appellants shall pay appellee $30, which sum constitutes the total costs identified in his motion. (RDFINE) | |||
| 10/25/2006 | DISMISSED | |||
| 11/16/2006 | MANDATE ISSUED | |||
| 09/27/2013 | Filed | Archived | ||