Section 45-1561

Citation: Section 45-1561
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/ ↗

Full Text

879 chars

After summary judgment in her favor, the tenant did not ask the trial court for a jury at a McNeal hearing. Instead, although she had filed a jury demand in the possessory action, she understandably relied on pre-Temple precedent in the trial court supporting her argument that, as the prevailing party, she was entitled automatically to the funds she had deposited into the court registry. Board of Trustees, Northminster Presbyterian Church v. Roy, 109 Daily Wash.L.Rptr. 2509 (D.C.Super.Ct. Nov. 16, 1981) (Salzman, J.).- Consistent with that approach, she has argued on appeal not that she wants a McNeal hearing with a jury if the case is remanded, but that the trial court properly released the registry funds to her, the prevailing party, as the only way to avoid an assertedly impractical certification of a McNeal hearing to the Civil Assignment Office for a jury trial.

Other Sections in This Document (332)

Full Text