Skip to main content

DOBBINS v. BURFORD (2002)

District of Columbia Court of Appeals.

Tantania Deborah DOBBINS, et al., Appellants, v. Juan M. BURFORD, et al., Appellees.

No. 02-CV-470.

Decided: May 30, 2002

Before SCHWELB and RUIZ, Associate Judges, and PRYOR, Senior Judge. Rena Schild, Washington, was on appellee's motion to dismiss. Jason Kerpelman, Baltimore, MD., was on appellants' opposition to the motion to dismiss.

On January 31, 2002, the Superior Court issued a Memorandum Opinion and Order granting the appellees' motions for summary judgment and entering judgment against the appellants.   Although the trial judge specifically directed the Clerk of the Superior Court to docket the judgment that same day, it was not actually docketed until March 19, 2002.   This appeal was noted on April 18, 2002, and was followed by appellee Elaine Pinderhughes' motion to dismiss on May 8, 2002.

 As a case on the Civil I calendar, this case was designated for electronic filing under the Superior Court's electronic filing pilot program.   See Administrative Order No. 01-06, “Order Establishing and Governing the Use of Electronic Filing.”   Appellee argues this appeal should be dismissed because the order and judgment were electronically filed on January 31st, and the e-filing rules promulgated by Administrative Order No. 01-06 state that service of an order is complete when it is received by the Superior Court's designated Vendor.   See Super.   Ct. Civ. E F.R. 2(a)-(b), 7, 11, 14.   But time of service by itself is irrelevant to this court's jurisdiction, and an Administrative Order of the Superior Court does not alter this court's rules regarding the timely noting of an appeal.   A civil appeal must be noted within thirty days of entry of the judgment or order.   See D.C.App. R. 4(a)(1).   A judgment or order is not “entered” until it is placed on the civil docket of the Superior Court.   See D.C.App. R. 4(a)(3);  Super.   Ct. Civ. R. 58, 79(a);  District of Columbia v. Murtaugh, 728 A.2d 1237 (D.C.1999).   Here, that did not occur until March 19th.   Accordingly, this appeal was timely noted on April 18th and the appellee's motion to dismiss is hereby denied.

So ordered.

PER CURIAM.

Was this helpful?

Thank you. Your response has been sent.

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law
DOBBINS v. BURFORD (2002)

Docket No: No. 02-CV-470.

Decided: May 30, 2002

Court: District of Columbia Court of Appeals.

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Learn more about the law
Copied to clipboard