Legal Opinion
Tupling v. Britton
District of Columbia Court of Appeals
Decided January 24, 1980No. 79-31, 79-557PublishedCited by 26 opinions
1Opinion of the Court
NEBEKER, Associate Judge:
Appellee seeks costs and damages from appellant pursuant to D.C.App.R. 38 which states that this court may award single or double costs and just damages against an appellant whose appeal is frivolous. Appellant contends that appellee is not entitled to such costs and damages because this court, in dismissing the appeal, did not specify that the dismissal was based on the grounds of frivolousness. We hold that appellee’s motion for costs and damages pursuant to D.C.App.R. 38 is proper and that, because the appeal was frivolous, appellee should be granted single costs.
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2Cases cited39 opinions
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Katchen v. LandySupreme Court of the United States · 1966
- United States v. Marrian Kolesar and Andrew Kolesar, Her HusbandCourt of Appeals for the Fifth Circuit · 1963
- District of Columbia v. BarriteauDistrict of Columbia Court of Appeals · 1979
- Pettaway v. United StatesDistrict of Columbia Court of Appeals · 1978
34 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Varela v. Hi-Lo Powered Stirrups, Inc.District of Columbia Court of Appeals · 1980
- Estate of Underwood v. National Credit Union AdministrationDistrict of Columbia Court of Appeals · 1995
- Vale Properties, Ltd. v. Canterbury Tales, Inc.District of Columbia Court of Appeals · 1981
- In re Stephen T.YelvertonDistrict of Columbia Court of Appeals · 2014
- Slater v. BiehlDistrict of Columbia Court of Appeals · 2002
21 more not listed; retrieve them via the Exa API.