Legal Opinion

Epps v. Vogel

District of Columbia Court of Appeals

Decided December 15, 1982No. 81-1467PublishedCited by 15 opinions

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

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Bill Ransom v. Frances Hugh Brennan, of the Estate of William J. Brennan,deceasedCourt of Appeals for the Fifth Circuit · 1971
  3. Hutton v. Johns Hopkins UniversitySupreme Court of the United States · 1974
  4. Morowitz v. MarvelDistrict of Columbia Court of Appeals · 1980
  5. Johns Hopkins University v. HuttonDistrict Court, D. Maryland · 1968

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3Cited by15 opinions

  1. Roxas v. MarcosHawaii Supreme Court · 1998
  2. DeVaney v. Thriftway Marketing Corp.New Mexico Supreme Court · 1997
  3. Joeckel v. Disabled American VeteransDistrict of Columbia Court of Appeals · 2002
  4. Dalo v. KivitzDistrict of Columbia Court of Appeals · 1991
  5. HAVILAH REAL PROPERTY SERVICES, LLC v. VLK, LLCDistrict of Columbia Court of Appeals · 2015

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