Legal Opinion

Hernandez v. Banks

District of Columbia Court of Appeals

Decided May 2, 2013No. Nos. 08-CV-1571, 09-CV-744PublishedCited by 17 opinions

1Opinion of the Court

BLACKBURNE-RIGSBY, Associate Judge:

We granted appellees’ petition for rehearing en banc to consider whether we should continue to follow the rule of Sulli*61van v. Flynn, 20 D.C. (9 Mackey) 396 (1892), that the contracts of mentally incapacitated persons are inherently void, or should instead join the majority of jurisdictions in deeming such contracts only voidable.

The background is as follows. Appellant’s predecessor-in-interest, 718 Associates,1 appealed a decision by the trial court determining that it was not entitled to a non-redeemable judgment for possession of property located at 718…

2Cases cited67 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Arizona v. GantSupreme Court of the United States · 2009
  3. Lawrence v. TexasSupreme Court of the United States · 2003
  4. M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
  5. District of Columbia v. John R. Thompson Co.Supreme Court of the United States · 1953

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3Cited by17 opinions

  1. Thorsten P. Sundberg v. TTR Realty, LLCDistrict of Columbia Court of Appeals · 2015
  2. Ricardo Hernandez v. Bryant BanksDistrict of Columbia Court of Appeals · 2014
  3. Yehuda Steiner v. American Friends of Lubavitch (Chaabad)District of Columbia Court of Appeals · 2018
  4. Barbara Harrison Pyles v. HSBC Bank USA, N.A., as Trustee for Wells Fargo Asset Securities Corp.District of Columbia Court of Appeals · 2017
  5. Benoit O. Brookens, II v. United StatesDistrict of Columbia Court of Appeals · 2018

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