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Kaplan v. Bollt

Hyman KAPLAN and Morris Kaplan, a partnership, T/A Stewart's Auto Upholstering Company v. Theodore BOLLT

Kaplan v. Bollt, 158 A.2d 680 (D.C. 1960)
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Court
District of Columbia Court of Appeals · State Highest Courts
Decided
March 17, 1960
Docket
No. 2515
Judges
Hood, Quinn, Rover
Citations
158 A.2d 6801960 D.C. App. LEXIS 287

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

Appellee brought this action seeking possession of real estate located within the District of Columbia. Appellants filed a motion to dismiss or in the alternative to stay the action. After argument, the trial court denied the motion, and appeal has been taken from that denial.

At oral argument and in their briefs, the parties discussed the merits of the case. In doing so, however, they have overlooked an essential prerequisite to appeal, namely, a final and appealable order. A denial of a motion to dismiss or to stay an action is not final and appealable. *

Appeal dismissed.

Levine v. Downs, D.C.Mun.App., 1958, 145 A.2d 453 ; Heller v. Edwards, D.C.Mun.App.1954, 104 A.2d 528 (denial of motion to stay). Kaplowitz Bros. v. Kahan, D.C.Mun.App.1948, 59 A.2d 795 ; De Bobula v. Tamamian, D.C.Mun.App., 1947, 55 A.2d 204 , citing Toomey v. Toomey, 1945, 80 U.S.App.D.C. 77 , 149 F.2d 19 (denial of motion to dismiss).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1981: 12021: 119812026peak 1981 · 1

Relies on it most ⓘ

  1. Crown Oil & Wax Co. v. Safeco Insurance Co. of America429 A.2d 1376 (D.C. 1981)
  2. Acosta v. District of Columbia GovernmentNo. 2020-1189 (D.D.C. Mar. 15, 2021)

Most recent

  1. Acosta v. District of Columbia GovernmentNo. 2020-1189 (D.D.C. Mar. 15, 2021)
  2. Crown Oil & Wax Co. v. Safeco Insurance Co. of America429 A.2d 1376 (D.C. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Toomey v. Toomey, 149 F.2d 19 (D.C. Cir. 1945) 25
Heller v. Edwards, 104 A.2d 528 (D.C. 1954) 5
Kaplowitz Bros. v. Kahan, 59 A.2d 795 (D.C. 1948) 5
De Bobula v. Tamamian, 55 A.2d 204 (D.C. 1947) 4
Levine v. Downs, 145 A.2d 453 (D.C. 1958) 2

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