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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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The case was set for trial on November 24, 1981, at 9:30 a.m. At about 10:30 a.m., according to tenant’s counsel’s later representation, the case was called in the Civil Assignment Office to be certified to a trial judge. The case could not be certified for trial because landlord’s counsel had not yet arrived. Shortly thereafter, tenant’s counsel took the file before the Civil Calendar Control Court, where he asked the judge for “a default judgment” on the basis of landlord’s failure to appear that morning. He then modified the request to seek dismissal of landlord’s action for possession, default on tenant’s counterclaim, and release to tenant of all the money in the registry of the court. As tenant was making his request, landlord’s principal, Mr. Milton Weinberg, who himself was a member of the Bar and one of landlord’s counsel of record, personally telephoned the Civil Calendar Control courtroom, explaining to the courtroom clerk, and through him to the judge, that he was ill and that other counsel of record, Manuel Auerbach, Esq., was on his way to the court.