District of Columbia, September, 2004, State Case law

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State Courts - District of Columbia - September 9 - September 10, 2004

Arthur v. District of Columbia, Nos. 00-CV-1389 & 00-CV-1413, DISTRICT OF COLUMBIA COURT OF APPEALS, September 9, 2004, Decided
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Overview: A trial court's judgment vacating a default judgment was vacated where the trial court completely failed to explain the rationale for vacating the default judgment and provided unanswered appellate issues.

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In re Kya, Nos. 00-FS-1230, 00-FS-1231, and 00-FS-1232, DISTRICT OF COLUMBIA COURT OF APPEALS, September 9, 2004, Decided
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Overview: A trial court erred by making a per se finding that the youngest child of a mother was abused and, therefore, neglected as a result of the neglect of two older children; an adjudication of neglect required individual findings.

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Olafisoye v. United States, No. 01-CM-566, DISTRICT OF COLUMBIA COURT OF APPEALS, September 9, 2004, Decided
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Overview: Defendant's right to a jury trial was not implicated as a result of possible deportation nor having to register as a sex offender due to a sexual assault conviction as such collateral consequences did not implicate the right to a jury trial.

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Olivarius v. Stanley J. Sarnoff Endowment for Cardiovascular Sci., Inc., Nos. 02-CV-471, 02-CV-813, and 02-CV-814, DISTRICT OF COLUMBIA COURT OF APPEALS, September 9, 2004, Decided
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Overview: A trial court properly denied an appellant's motion to vacate a final judgment confirming an arbitration award where the motion was untimely and the claimed grounds of fraud could have been raised during the arbitration.

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Sodexho Marriott Corp. v. D.C. Dep't of Empl. Servs., No. 03-AA-481, DISTRICT OF COLUMBIA COURT OF APPEALS, September 9, 2004, Decided
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Overview: Workers' compensation claim was not time-barred as the parties' stipulation was not a pre-existing compensation order simply because it was approved by District of Columbia Office of Workers' Compensation. Stipulation was a partial voluntary payment.

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Hill v. G.E. Capital Mortg. Servs., No. 03-CV-1135, DISTRICT OF COLUMBIA COURT OF APPEALS, September 10, 2004, Decided ** The decision in this case was originally issued as a Memorandum Opinion and Judgment on September 10, 2004, and is now being published at the request of the trial judge.
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Overview: Summary judgment was properly entered for mortgage corporation in wrongful eviction suit despite failure of former homeowner to receive notice of writ of restitution as homeowner could not redeem tenancy by satisfying money judgment for back rent.

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