Rayner v. Yale Steam Laundry Condo. Ass'n. (2023)

Citation: Rayner v. Yale Steam Laundry Condo. Ass'n. (2023)
Parent Document: Rayner v. Yale Steam Laundry Condo. Ass'n. (2023)
Jurisdiction: DC (municipal)
Effective Date: 2023-02-16
Original Source: https://www.courtlistener.com/opinion/9375972/rayner-v-yale-steam-laundry-condo-assn/ ↗

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        See Super. Ct. Civ. R. 60(b)(2) (allowing a court to relieve a party from a
final judgment for “newly discovered evidence that, with reasonable diligence,
could not have been discovered in time to move for a new trial under Rule 59(b)”
(emphasis added)).
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        As a preliminary matter, on November 3, 2022, Rayner filed a motion in
this court under D.C. App. R. 10(e)(3) seeking to supplement the record with a
new exhibit and additional facts. The Association opposed this motion and Rayner
filed a reply to the Association’s opposition. Supplementing the record would
require further findings of fact, which is the function of the trial court, not this
court. See Lihlakha v. United States, 89 A.3d 479, 490 (D.C. 2014) (“As an
appellate court, we do not make findings of fact and therefore may not rule on our
own reading of the evidence unaided by the trial court’s findings . . . .”).
Accordingly, we deny Rayner’s motion to supplement the record and rely only on
those facts that were presented to the trial court, whose decisions we review on
appeal.
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