Legal Opinion · Dissent

Cunningham & Associates v. Dugan

District of Columbia Court of Appeals

Decided December 30, 1996No. 94-CV-500Published

1DissentWagner, Chief Judge

A de novo review of the record, which we are obligated to conduct,1 leads inescapably to the conclusion that reversal is required because Ernst & Young is not entitled to judgment as a matter of law before answer on its defense of limitations. The undisputed facts of record show that on December 1, 1990 and September 12, 1991, Cunningham rendered to Ernst & Young a statement for the balance claimed due for services in the amount of $78,382.63 and that Ernst & Young made two payments by check on the debt thereafter. Ernst & Young made one payment on September 12, 1991 for $19,993.36, and the…

2Cases cited19 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Vicki Bagley Realty, Inc. v. LauferDistrict of Columbia Court of Appeals · 1984
  3. Nickens v. Labor Agency of Metropolitan WashingtonDistrict of Columbia Court of Appeals · 1991
  4. McBryde v. Amoco Oil Co.District of Columbia Court of Appeals · 1979
  5. Aronoff v. Lenkin Co.District of Columbia Court of Appeals · 1992

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