K.C. Enterprise v. Jennings
K.C. Enterprise v. Jennings
Opinion of the Court
This application for allowance of appeal is based on the single assertion— which is in fact the case — that the record of the trial court is lost, cannot be retrieved, and cannot be reconstructed through a statement of proceedings and evidence. The application tells us that the plaintiff won a $4015.00 breach of contract judgment against the applicant, and the Superior Court computer records show that the applicant deposited the $4015.00 into the registry of the court on the date of judgment. The application states that the appeal is from the denial of a motion to reconsider. It appears that the denial of reconsideration was entered after exhaustive efforts to find or reconstruct the record. The order proposed by the applicant contained a provision granting the motion, however, the word “GRANTED” was struck out and the word “DENIED” put in its place in the handwriting of the judge. Three other proposed remedies were stricken; they proposed vacating the judgment, releasing the $4015.00 to the applicant, and scheduling a new trial. The question presented thus, is whether in the absence of a trial court record, the small claims judgment should be vacated and a new trial ordered.
I.
By virtue of D.C.Code § 11-721(c) (2001), there is no appeal of right from a small claims action. W.H.H. Trice & Co. v. Faris, 829 A.2d 189, 193 (D.C. 2003). Where there is a record for review the court usually grants the application only where the applicant demonstrates “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). Since proceedings in small claims cases are informal and unencumbered by formal rules of evidence, Super. Ct. Sm. Cl. R. 12(b) (2003), the field of possible errors available for correction by a grant of appeal is narrow indeed. Therefore, in an application for allowance of appeal context the opposing interests of the parties are in less conflict than in an appeal of right case. Those interests are (1) for the prevailing party, the property right in a judgment already acquired by litigation,
In resolving this contest between these two interests particular attention must be paid to the presumption of validity of any
So ordered.
. A judgment is a court’s "final determination of the rights and obligations of the parties in a case.” Black’s Law Dictionary 846 (7th ed. 1999). As such, D.C. law recognizes a property interest in a judgment stating that "the party in whose favor the judgment has been entered[,] may avail himself of all remedies otherwise available in the Superior Court of the District of Columbia for the enforcement of the judgment.” D.C.Code § 16-3907 (2001).
. See, e.g., Concord Enters. v. Binder, 710 A.2d 219, 220 (D.C. 1998); Burwell v. Burwell, 700 A.2d 219, 225 (D.C. 1997).
. Cobb v. Standard Drug Co., 453 A.2d 110, 111 (D.C. 1982).
. Id. at 111.
. We are told that exhibits have likewise been lost.
Reference
- Full Case Name
- K.C. ENTERPRISE, Applicant v. Davina JENNINGS
- Status
- Published