Sturgis v. Kanter
Sturgis v. Kanter
Opinion of the Court
Applicant filed a Statement of Claim against respondent in the Small Claims Branch of the Superior Court. The case was tried before Commissioner Harnett, who found in favor of respondent. In an order filed January 28,1999, Superior Court Judge Lopez affirmed the Commissioner’s decision. On March 19,1999, applicant filed an application for allowance of appeal from the January 28 order. Since it appeared that the application was untimely under D.C.Code § 17-307(b) (1997) and D.C.App. R. 6(a),
Because the Superior Court order was entered outside the presence of the parties and the period of time prescribed by D.C.App. R. 6(a) is less than seven days, a timely application for allowance of appeal
At first glance this seems harsh given the greatly abbreviated period (three days) within which the application must be filed. But it is not so when one considers (a) the limited grounds upon which this court (or, more precisely, one judge of a three-judge panel, D.C.App. R. 6(d)) may grant leave to appeal,
The application for allowance of appeal is, therefore, denied for lack of jurisdiction.
So ordered.
. Both the statute and the rule require that an application for allowance of appeal be filed “within three days from the date of judgment.”
. "A losing party in a small claims action is not entitled to appeal as a matter of right. This court usually grants [applications for leave to appeal], however, where [the applicant] states grounds showing apparent error or a question of law, which has not been but should be decided by this court.” Karath v. Generalis, 277 A.2d 650, 651 (D.C. 1971) (citation omitted).
. If it does not already do so, the Small Claims Branch may wish to consider including mention of the abbreviated appeal period in any written materials it furnishes to litigants.
Reference
- Full Case Name
- Aquilla STURGIS, Applicant v. David M. KANTER, d/b/a Theodore's Contemporary Furniture
- Status
- Published