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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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Indeed, the trial court is not free to treat as conceded an unopposed motion for summary judgment in either L & T actions or in civil actions generally in view of the requirement of Rule 56(c) that the judgment sought shall be rendered forthwith: “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is not a genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Even if an unopposed motion for summary judgment is deemed to establish that no genuine issue of material fact exists, the court must still review the pleadings and other papers to determine whether the moving party is legally entitled to judgment. See Nader v. de Toledano, D.C.App., 408 A.2d 31, 48 (1979); Turner v. American Motors General Corp.,