In re Estate of Bryant
In re Estate of Bryant
Opinion of the Court
Appellant, the successor conservator of Ollie M. Bryant, an incapacitated adult, appeals from an order of the trial court rescinding a prior order of compensation to appellant and requiring him to return the compensation previously paid him. The reason for the rescission order was the trial judge’s conclusion that she had lacked statutory authority to direct the compensation to be paid from the Guardianship Fund established by D.C.Code § 21-2060(b) (1997).
The merits of the trial judge’s conclusion as to the propriety of the payment are not before us; appellant makes no claim that the judge misinterpreted the statute in concluding that her order directing compensation from the Fund was ultra vires.
Despite the Rule 60(b) language on which appellant relies, there is case authority for the principle that the trial court “has power [under Rule 60] to act in the interest of justice in an unusual case in which its attention has been directed to the necessity for relief by means other than a motion.” 11 Chaeles Alan Wright, Arthur R. Miller, and Maey Kay Kane, Federal Practice and Prooedure § 2865, at 380 (1995 ed.) (citing cases). This court has twice assumed the existence of that power, without expressly deciding the issue. See Leiken v. Wilson, 445 A.2d 993,
We therefore hold this to be that “unusual case,” WRIght, MilleR, and KaNE, supra, in which the trial court’s authority under Rule 60(b) to act in the interest of justice did not depend upon a motion of a party. The court’s sua sponte decision did not unfairly deny appellant notice of the rescission,
Affirmed.
. D.C.Code § 21-2060(a) provides for payment of compensation to conservators and guardians, and "if the estate of the ward or person will be depleted by payouts made under this subsection, from a fund established by the District” known as the "Guardianship Fund,” to be administered by the court.
. The trial judge agreed with the opinion of the Register of Wills that the prior opinion overlooked the fact that the present conserva-torship was a so-called "old law” case, to which the guardianship statute creating the Fund did not apply. We express no opinion on the correctness of that determination.
.Appellant's argument rests upon the proposition that the prior order granting compensation from the Guardianship Fund was a “final order” under Super. Ct. Prob. R. 8(d)(4). While it is not entirely clear that that provision is applicable, we assume the finality of the order for purposes of this appeal.
. We therefore assume without deciding that a motion would properly lie within that provision of the rule.
. See, e.g., International Controls Corp. v. Vesco, 556 F.2d 665, 668 n. 2 (2d Cir. 1977) ("[T]he district court ... had power to decide sua sponte whether its judgment should be vacated, provided all parties had notice.”).
Reference
- Full Case Name
- In re ESTATE OF Ollie M. BRYANT. Gary M. Greenbaum, Successor Conservator
- Cited By
- 1 case
- Status
- Published