Paraskevas v. McKee Auto Service, Inc.

I think the majority opinion has taken a step backward procedurally. I maintained, and am still convinced, that the order of the trial court should be reversed and appellees’ motion to dismiss the certified case should have been granted. In 1896 the Court of Appeals for the District of Columbia in National Express & Transp. Co. v. Burdette, 7 App.D.C. 551, 560, stated:

“The general principle is well settled that the pendency of a prior suit between the same parties for the same cause of action or claim of right will abate a later suit, because in such a case the last is deemed unnecessary, and…