Epps v. Vogel
District of Columbia Court of Appeals
1Opinion of the Court
FERREN, Associate Judge:
In this case, we determine the proper procedure for substituting a party under Super.Ct.Civ.R. 25(a) (substitution when a party dies) and review the sua sponte dismissal of a complaint for malicious prosecution and abuse of process. The trial court dismissed appellants’ complaint for two reasons: (1) their failure properly to serve and substitute appellee, the deceased’s widow and legal representative, as the party-defendant, id., and (2) their failure, in any event, to state a claim upon which relief can be granted. Super.Ct.Civ.R. 12(b)(6). We cannot agree with the…
2Cases cited14 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Bill Ransom v. Frances Hugh Brennan, of the Estate of William J. Brennan,deceasedCourt of Appeals for the Fifth Circuit · 1971
- Hutton v. Johns Hopkins UniversitySupreme Court of the United States · 1974
- Morowitz v. MarvelDistrict of Columbia Court of Appeals · 1980
- Johns Hopkins University v. HuttonDistrict Court, D. Maryland · 1968
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3Cited by15 opinions
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- HAVILAH REAL PROPERTY SERVICES, LLC v. VLK, LLCDistrict of Columbia Court of Appeals · 2015
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