Kanelos v. District of Columbia

3 Citing cases

  1. Ford v. Chartone, Inc.

    834 A.2d 875 (D.C. 2003)   Cited 7 times
    Noting that "[t]his court's jurisdiction is not part of the business of the Superior Court"

    Because our jurisdiction is generally limited to "final orders and judgments" of the Superior Court, D.C. Code § 11-721(a)(1) (2001), i.e., orders and judgments that terminate the litigation, see Rolinski, 828 A.2d at 745-46, we have held that the denial of class certification status is generally not an appealable order. See Kanelos v. District of Columbia, 346 A.2d 247, 249 (D.C. 1975); accord, Yarmolinksy v. Perpetual Amer. Fed. Sav. Loan Ass'n, 451 A.2d 92, 94 n. 4 (D.C. 1982). D.C. Code § 11-721(d) does, however, authorize this court to permit an interlocutory appeal in a civil case where the trial judge certifies in writing that the ruling in question "involves a controlling question of law as to which there is substantial ground for a difference of opinion and that an immediate appeal . . . may materially advance the ultimate termination of the litigation or case." The trial judge's certification is an indispensable precondition for this court to exercise its discretion to allow an interlocutory appeal under D.C. Code § 11-721(d).

  2. In re D. M

    771 A.2d 360 (D.C. 2001)   Cited 19 times
    Explaining finality of orders and judgments

    That exception has been invoked to justify an immediate appeal from a trial judge's refusal to certify a class action, where the plaintiff seeking certification has "such a small monetary or other interest to be vindicated that [if a class action was not authorized] it would not be worth the plaintiff's time to continue the action." Kanelos v. District of Columbia, 346 A.2d 247, 249 (D.C. 1975) (citation, internal quotation marks and ellipsis omitted). In other words, this exception applies where, if class action status is denied, the plaintiff will, as a practical matter, be unable to proceed with the litigation, so that the otherwise interlocutory ruling represents a "Death Knell" to the plaintiff's case.

  3. Yarmolinsky v. Perpetual Am. Fed. S. L

    451 A.2d 92 (D.C. 1982)   Cited 6 times

    Denial of class action status is generally not an appealable order. Kanelos v. District of Columbia, D.C.App., 346 A.2d 247 (1975). Because the trial court dismissed the complaint here appellant had a final order properly appealable to this court.