Habib v. Thurston, 517 A.2d 1 (1986)

Citation: Habib v. Thurston, 517 A.2d 1 (1986)
Parent Document: Habib v. Thurston, 517 A.2d 1 (1986)
Jurisdiction: DC (municipal)
Effective Date: 1986-10-30
Original Source: https://www.courtlistener.com/opinion/1995493/habib-v-thurston/ ↗

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The trial court accordingly erred, as a matter of law, in releasing the funds to the tenant. When this court in Temple referred to the trial court’s action as “well within its discretion as a court of equity in releasing the funds in the registry to the landlord,” 485 A.2d at 194, we were not suggesting that, absent an issue of abatement requiring adjudication of the equities, the court has discretion, nonetheless, to release the funds to the tenant. This is not a determination committed to trial court discretion; rather, it is a determination subject to rules of law “that fi[x] the results produced under varying sets of facts.” Johnson v. United States, 398 A.2d 354, 361, 363 (D.C.1979). We therefore must reverse and remand for entry of a judgment in favor of the landlord in the amount of the funds the tenant paid into the registry.17

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