Legal Opinion

Duckett v. District of Columbia

District of Columbia Court of Appeals

Decided February 23, 1995No. 93-CV-767PublishedCited by 10 opinions

1Per curiam

Appellant appeals the court’s dismissal of a suit for lack of standing when a mother filed suit in her individual capacity rather than as the personal representative of her deceased son. Plaintiff informed the court that she had begun the process to become the personal representative. Nonetheless, the trial court failed to recognize the ability to substitute the real party in interest under Super.Ct.Civ.R. 17(a) and dismissed the suit. We reverse the trial court’s dismissal for lack of standing, and remand to allow the plaintiff to substitute the real party in interest within a reasonable…

2Cases cited4 opinions

  1. Maytrude Jones, Administratrix of Estate of Alexander L. Jones, Dec., Maytrude Jones v. Rogers Memorial HospitalCourt of Appeals for the D.C. Circuit · 1971
  2. Jaramillo v. BurkhartCourt of Appeals for the Eighth Circuit · 1993
  3. Brohan v. Volkswagen Manufacturing Corp.District Court, E.D. New York · 1983
  4. Hembree v. TinninDistrict Court, D. Kansas · 1992

3Cited by10 opinions

  1. Estate of Raleigh v. MitchellDistrict of Columbia Court of Appeals · 2008
  2. Francis v. Recycling Solutions, Inc.District of Columbia Court of Appeals · 1997
  3. Smith v. Wells Fargo BankDistrict of Columbia Court of Appeals · 2010
  4. Goodleft v. GullicksonNorth Dakota Supreme Court · 1996
  5. R.F. v. M.M.North Dakota Supreme Court · 2010

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