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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Milton Properties, Inc. v. Newby, 456 A.2d 349 (1983)

Citation
Milton Properties, Inc. v. Newby, 456 A.2d 349 (1983)
Parent Document
Milton Properties, Inc. v. Newby, 456 A.2d 349 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-02-17

Other Sections in This Document (43)

Full Text

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Milton Properties, Inc., appeals the dismissal for want of prosecution of its landlord and tenant possessory action against Geraldine Newby, the judgment on the merits rendered against it on appellee-ten-ant’s counterclaim, and the partial summary judgment awarded tenant on the issue of the maximum lawful rent. These actions resulted from appellant-landlord’s counsel’s failure to appear in court for jury trial on the complaint and the counterclaim on November 24, 1981. We hold that although the trial judge did not abuse his discretion initially in dismissing the possessory action, he erred in that he failed to exercise his discretion in declining to vacate that dismissal upon landlord’s motion. We further hold that it was error to grant tenant’s motion for partial summary judgment without reaching the merits of the motion, and that it was also error for the court to proceed to enter judgment in favor of tenant on the remaining issues raised by her counterclaim without requiring her to establish both liability and damages. I