Legal Opinion
King v. Berindoague
District of Columbia Court of Appeals
Decided July 26, 2007No. 05-CV-879PublishedCited by 2 opinions
1Opinion of the Court
FISHER, Associate Judge:
When a landlord sues a tenant to recover possession of real property, “the Seventh Amendment preserves to either party the right to trial by jury.” Pernell v. Southall Realty, 416 U.S. 363, 376, 94 S.Ct. 1723, 40 L.Ed.2d 198 (1974). In this case the tenants were denied that right, and we accordingly remand for a new trial.
I. Factual and Procedural Background
In June 2005 appellees filed a complaint for possession of the second floor apartment at 1471 Park Road, Northwest, explaining that Stacie Courbois, one of the owners of the building, sought possession for her…
2Cases cited10 opinions
- Pernell v. Southall RealtySupreme Court of the United States · 1974
- Drayton v. Poretsky Management, Inc.District of Columbia Court of Appeals · 1983
- Habib v. ThurstonDistrict of Columbia Court of Appeals · 1986
- National Railroad Passenger Corp. v. McDavittDistrict of Columbia Court of Appeals · 2002
- Williams v. Dudley Trust FoundationDistrict of Columbia Court of Appeals · 1996
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3Cited by2 opinions
- Reshard v. StevensonDistrict of Columbia Court of Appeals · 2022
- Williamson v. St. Martin's ApartmentsDistrict of Columbia Court of Appeals · 2020