Legal Opinion

Varela v. Hi-Lo Powered Stirrups, Inc.

District of Columbia Court of Appeals

Decided October 28, 1980No. 79-477PublishedCited by 90 opinions

1Opinion of the Court

NEWMAN, Chief Judge:

We consider in this case the question of what interpretation is to be given to Super. Ct.Civ.R. 3 (hereinafter Rule 3); more specifically, we must decide whether the filing of a complaint, without more, tolls the applicable statute of limitations. The pertinent facts of this case are simple: appellant Varela filed his complaint before the statutory period of limitations ran but did not attempt service (by certified mail) until three days after the period had run. 1 The trial court granted appellees’ motion to dismiss this action based on the statute of limitations.

In Part…

2Cases cited52 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
  4. Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
  5. Crooks v. HarrelsonSupreme Court of the United States · 1930

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3Cited by90 opinions

  1. Hobson v. WilsonCourt of Appeals for the D.C. Circuit · 1984
  2. Peoples Drug Stores, Inc. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1983
  3. Kuwait Airways Corporation v. American Security Bank, N.A. And First American Bank, N.A.Court of Appeals for the First Circuit · 1990
  4. Roland Riddell v. Riddell Washington CorporationCourt of Appeals for the D.C. Circuit · 1989
  5. Blodgett v. University ClubDistrict of Columbia Court of Appeals · 2007

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