Legal Opinion

Kaplan v. Bollt

District of Columbia Court of Appeals

Decided March 17, 1960No. 2515PublishedCited by 2 opinions

1Per curiam

Appellee brought this action seeking possession of real estate located within the District of Columbia. Appellants filed a motion to dismiss or in the alternative to stay the action. After argument, the trial court denied the motion, and appeal has been taken from that denial.

At oral argument and in their briefs, the parties discussed the merits of the case. In doing so, however, they have overlooked an essential prerequisite to appeal, namely, a final and appealable order. A denial of a motion to dismiss or to stay an action is not final and appealable.*

Appeal dismissed.

Levine v. Downs,…

2Cases cited5 opinions

  1. Toomey v. ToomeyCourt of Appeals for the D.C. Circuit · 1945
  2. Heller v. EdwardsDistrict of Columbia Court of Appeals · 1954
  3. Kaplowitz Bros. v. KahanDistrict of Columbia Court of Appeals · 1948
  4. De Bobula v. TamamianDistrict of Columbia Court of Appeals · 1947
  5. Levine v. DownsDistrict of Columbia Court of Appeals · 1958

3Cited by2 opinions

  1. Crown Oil & Wax Co. v. Safeco Insurance Co. of AmericaDistrict of Columbia Court of Appeals · 1981
  2. Acosta v. District of Columbia GovernmentDistrict Court, District of Columbia · 2021

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