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Jenkins v. Smith

District of Columbia Court of Appeals
Oct 21, 1985
499 A.2d 128 (D.C. 1985)

Summary

declining to overrule Frost

Summary of this case from Smith v. Alder Branch Realty LTD

Opinion

No. 83-679.

Argued En Banc September 11, 1985.

Decided October 21, 1985.

Appeal from the Superior Court of the District of Columbia; Richard S. Salzman, Trial Judge.

Craig N. Goodrich, Washington, D.C., with whom Lee Calligaro, James C. Fontana, and Barry S. Landsberg, Washington, D.C., were on brief, for appellants.

Hugh B. Gordon, Washington, D.C., with whom C. Alexander Hewes, Jr., Washington, D.C., was on brief, for appellees. William F. Causey, Washington, D.C., also entered an appearance for appellees.

Before PRYOR, Chief Judge, and NEBEKER, MACK, NEWMAN, FERREN, BELSON, TERRY, ROGERS and STEADMAN, Associate Judges.


Judges Nebeker, Mack, Ferren, Belson and Steadman join in Part I. Chief Judge Pryor and Judges Newman, Terry and Rogers dissent as to Part I. The court is unanimous as to Part II.

I

This case was argued before the division on January 4, 1984. Subsequently, this court sua sponte ordered the case reheard en banc and requested counsel, in supplemental memoranda and at oral argument, to address the question whether the holding in Frost v. Peoples Drug Store, 327 A.2d 810 (D.C. 1974), should be overruled. That holding permits an appeal to be taken from a trial court order denying a motion to dismiss on grounds of forum non conveniens. Neither party urges that we overrule Frost. After rehearing the case en banc on September 11, 1985, a majority of the court reaffirms the holding in that case.

II.

On the question whether the trial court improperly denied the motion to dismiss on grounds of forum non conveniens, we find no legal impropriety. The order from which this appeal is taken is therefore affirmed.

The opinion of the court as to Part II and other opinions will be issued at a later date. In the meantime, the Superior Court may proceed with its disposition of this case.

So ordered.


Summaries of

Jenkins v. Smith

District of Columbia Court of Appeals
Oct 21, 1985
499 A.2d 128 (D.C. 1985)

declining to overrule Frost

Summary of this case from Smith v. Alder Branch Realty LTD
Case details for

Jenkins v. Smith

Case Details

Full title:Charles R. JENKINS and William E. Esham, Jr., Appellants, v. Hugh G…

Court:District of Columbia Court of Appeals

Date published: Oct 21, 1985

Citations

499 A.2d 128 (D.C. 1985)

Citing Cases

Jenkins v. Smith

That holding permits an interlocutory appeal to be taken from a trial court order denying a motion to dismiss…

Rolinski v. Lewis

In Frost v. Peoples Drug Store, 327 A.2d 810, 812-13 (D.C. 1974), this court held such denials immediately…