Granville v. Hunt
District of Columbia Court of Appeals
1Opinion of the Court
STEADMAN, Associate Judge:
This case involves a dismissal with prejudice under Super.Ct.Civ.R. 41(b) 1 for failure to prosecute two actions brought by appellant. Since we find that the trial court did not properly exercise its discretion with respect to its dismissal of appellant’s constructive trust claim, we reverse the dismissal as to that case. We affirm the dismissal with respect to appellant’s assault action.
In LaPrade v. Lehman, 490 A.2d 1151 (D.C.1985), we reviewed the controlling legal principles governing Rule 41(b) dismissals with prejudice:
We may not, in any case, uphold a…
2Cases cited11 opinions
- Johnson v. United StatesDistrict of Columbia Court of Appeals · 1979
- Taylor v. Washington Hospital CenterDistrict of Columbia Court of Appeals · 1979
- LaPrade v. LehmanDistrict of Columbia Court of Appeals · 1985
- Schmittinger v. SchmittingerDistrict of Columbia Court of Appeals · 1979
- S & K Airport Drive-in, Inc. v. Paramount Film Distributing Corp.District Court, E.D. Pennsylvania · 1973
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3Cited by10 opinions
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- In Re Estate of CurseenDistrict of Columbia Court of Appeals · 2006
- In Re Estate of ReillyDistrict of Columbia Court of Appeals · 2007
- Wolfe v. FineDistrict of Columbia Court of Appeals · 1992
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