Legal Opinion
Restaurant Equipment & Supply Depot, Inc. v. Gutierrez
District of Columbia Court of Appeals
Decided July 1, 2004No. 01-CV-774PublishedCited by 11 opinions
1Opinion of the CourtWashington, Associate J.
The trial court entered a default against Restaurant Equipment and Supply Depot, Inc., et. al, (“appellants”) because they failed to timely file an answer to appellees’ complaint. On appeal from the subsequently-entered judgment, appellants argue that the trial court lacked authority to enter the default under Super. Ct. Civ. R. 55(a) because appellants had otherwise defended against the plaintiffs claims by timely filing a motion to dismiss. In addition, appellants argue that even if the trial court were empowered to enter the default, the trial court abused its discretion in not vacating it…
2Cases cited11 opinions
- Clark v. MolerDistrict of Columbia Court of Appeals · 1980
- Leiken v. WilsonDistrict of Columbia Court of Appeals · 1982
- Tapp v. FowlerSupreme Court of Arkansas · 1987
- Miranda v. ContrerasDistrict of Columbia Court of Appeals · 2000
- Lockhart v. CadeDistrict of Columbia Court of Appeals · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Oliver v. MustafaDistrict of Columbia Court of Appeals · 2007
- Arthur v. District of ColumbiaDistrict of Columbia Court of Appeals · 2004
- Long v. United StatesDistrict of Columbia Court of Appeals · 2013
- Luna v. A.E. Engineering Services, LLCDistrict of Columbia Court of Appeals · 2007
- Ricardo Hernandez v. Bryant BanksDistrict of Columbia Court of Appeals · 2014
6 more not listed; retrieve them via the Exa API.