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Mourning v. APCOA Standard Parking

July 3, 2003

JOSEPHINE MOURNING, APPELLANT,
v.
APCOA STANDARD PARKING, INC., ET AL., APPELLEES.



Appeal from the Superior Court of the District of Columbia (CA-6568-01) (Hon. Natalia M. Combs-Greene, Trial Judge)

Before Farrell and Reid, Associate Judges, and Nebeker, Senior Judge.

The opinion of the court was delivered by: Per Curiam

As amended July 23, 2003.

JOSEPHINE MOURNING, APPELLANT,
v.
APCOA STANDARD PARKING, INC., ET AL., APPELLEES.

Appeal from the Superior Court of the District of Columbia (CA-6568-01) (Hon. Natalia M. Combs-Greene, Trial Judge)

Alan S. Toppelberg was on the brief for appellant.

Harry J. Carleton, Jeffrey R. Schmieler, and Brian E. Hoffman were on the brief for appellees.

Before Farrell and Reid, Associate Judges, and Nebeker, Senior Judge.

The opinion of the court was delivered by: Per Curiam

Submitted June 17, 2003

Appellant, Ms. Josephine Mourning, appeals from the trial court's order denying her motion to reschedule scheduling conference and vacate dismissal of her personal injury complaint. Because the trial court failed to consider the factors set forth in Reid v. District of Columbia, 634 A.2d 423 (D.C. 1993) and related cases, we reverse and remand for further proceedings.

FACTUAL SUMMARY

On August 31, 2001, Ms. Mourning filed a personal injury claim against appellees after she allegedly slipped and fell while walking in a parking garage located at 1330 Connecticut Avenue in the Northwest quadrant of the District. *fn1 An initial scheduling conference was held on November 30, 2001. Appellees were present but neither Ms. Mourning nor her counsel appeared. The trial court then dismissed the case without prejudice pursuant to a motion filed by appellees under Super. Ct. Civ. R. 41 (b). *fn2 Subsequently, on March 7, 2002, it vacated the dismissal and set another scheduling conference for April 12, 2002. *fn3 However, while appellees were present at that conference, Ms. Mourning and her counsel again fa iled to appear. As a result, appellees filed another Rule 41 (b) motion and on April 22, 2002, the trial court granted it, dismissing the claim with prejudice. Ms. Mourning then filed her motion to reschedule and vacate dismissal on April 24, 2002. Accompanying the motion and memorandum was an affidavit from Merri R. Lane, an associate in Ms. Mourning's counsel's law firm. According to the affidavit, Ms. Lane went to the ...


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