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/ ↗

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[17] Because we conclude that the court need not have held an evidentiary hearing, see generally City Wide Learning Center, Inc., 488 A.2d at 1314; Goodwin v. Barnes, 456 A.2d 1246, 1247 (D.C.1983); Smith v. Interstate General Corp., 462 A.2d 1133, 1134 n. 3 (D.C.1983), we need not reach the tenant's contention that the court may not adjudicate the parties' respective claims to funds in the court registry, at a McNeal hearing, without affording the right to a jury trial. Quite simply, because of the posture of this case at the time of disbursement, there was nothing left to adjudicate; "there were no material facts in issue to submit to a jury." Brown v. Young, 364 A.2d 1171, 1174 n. 5 (D.C.1976) (citations omitted). [1] McNeal v. Habib, 346 A.2d 508 (D.C.1975).

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