WILLIAM THOMAS, et al.,
MOTION TO DISMISS APPEAL
Pursuant to Rule 13 of the Rules of the District of Columbia Court of Appeals, Appellees hereby move to dismiss the appeal. As grounds for this Motion, Appellees state that this Court lacks jurisdiction because Appellant did not file a Notice of Appeal pursuant to Rules 3 and 4 of the Rules of the District of Columbia Court of Appeals.
Rule 3 provides that "an appeal ... shall be taken by filing a Notice of Appeal with the Clerk of the Superior Court within the time allowed by Rule 4." Rule 4(a) provides that a notice of appeal shall be filed with the Clerk of the Superior Court within thirty (30) days after entry of the judgment or order from which the appeal is taken.
Appellant has has filed a notice of appeal with the Clerk of the Superior Court. Instead, Appellant filed with this Court a document styled as a "Motion for Summary Reversal." Such a pleading cannot take the place of a properly filed notice of appeal. This Court has held that the requirements of Rule 4 are "mandatory and jurisdictional in re C.I.T., 369 A.2d 171 (D.C. App. 1977). Because of Appellants' failure to comply with Rule 4, this Court lacks jurisdiction to consider the appeal. Accordingly, the appeal must be dismissed.
For the reasons set forth above, Appellees respectfully request this Court to dismiss the appeal.
/s/Lucinda J. Bach
ALLEN V. FARBER, Bar No. 912865
LUCINDA J. BACH, Bar No. 375366
Schwalb, Donnenfeld, Bray & Silbert
A Professional Corporation
Suite 300 East
1025 Thomas Jefferson St., N.W.
Washington, D.C. 20007
COUNSEL FOR APPELLEES
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 20th day of May, 1986, se served a true and correct copy of the foregoing by U.S. Mail with postage prepaid, as follows:
Mr. William Thomas
1440 N Street N.W.
Washington, D. C. 20005
/s/Lucinda J, Bach
LUCINDA J. BACH