In Re Tyree
District of Columbia Court of Appeals
1Opinion of the Court
TERRY, Associate Judge:
This is an appeal from the denial of a motion for relief from judgment under Super.Ct.Civ.R. 60(b). We hold that the court abused its discretion in denying the motion because it had erroneously dismissed the case for failure to state a claim upon which relief could be granted. We therefore reverse.
I
In 1951 Samuel F. Tyree died intestate, survived by the three children of his first marriage, Charles, Esther, and Samuel, Jr., by his second wife, Lula Tyree, and by the two children of his second marriage, Alice and Sarah. At the time of his death, Mr. Tyree was the owner…
2Cases cited22 opinions
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- Andrade v. JacksonDistrict of Columbia Court of Appeals · 1979
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