Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Juul v. Rawlings

Court of Appeals of Columbia District

February 16, 2017

Rosita Juul, Appellant,
v.
Lynette Rawlings, Appellee.

          Argued September 15, 2015

         On Appeal from the Superior Court of the District of Columbia Civil Division

         Appeal from the Superior Court of the District of Columbia (CAR-5752-12) (Hon. Thomas J. Motley, Trial Judge)

         Kenneth C. Crickman, with whom Robert C. Cooper was on the brief, for appellant.

          John H. Brillian for appellee.

          BEFORE: WASHINGTON, Chief Judge; FISHER, Associate Judge; and NEBEKER, Senior Judge.

         JUDGMENT

         This case came to be heard on the transcript of record and the briefs filed, and was argued by counsel. On consideration whereof, and as set forth in the opinion filed this date, it is now hereby

         ORDER ED and ADJUDGED that the trial court's judgment is affirmed.

          OPINION

          Eric T. Washington, Chief Judge

         Appellant Rosita Juul ("Ms. Juul" or "Appellant") appeals from the trial court's order to enforce a settlement agreement between appellant's son, Soren Juul ("Mr. Juul"), and appellee Lynette Rawlings ("Ms. Rawlings"). The settlement agreement effectuated the transfer of property owned by Ms. Rawlings and Mr. Juul to Ms. Rawlings' mother. Subsequently, the tenants residing on the property assigned their rights to purchase the property under the Tenants Opportunity to Purchase Act ("TOPA" or the "Act") to appellant, who now asserts those rights on appeal. On March 12, 2014, the trial judge entered an order enforcing the settlement agreement, finding that the transfer of the property to Ms. Rawlings' mother was not a "sale" under TOPA because it was made pursuant to a "court-approved settlement" agreement and thus did not trigger the tenants' TOPA rights. Ms. Juul contends that the trial court erred in reaching that conclusion because the trial court never knew the terms of the settlement agreement, and therefore the settlement agreement could not have been "court-approved." While we agree that the settlement reached in this case was not a "court-approved settlement" at the time of the dismissal, the trial court's subsequent order enforcing the settlement agreement cured the underlying deficiencies from the original proceeding thus making this transfer of property in this case not a "sale" under TOPA . Consequently, we affirm.

         I.

         On July 14, 2005, Mr. Juul gave his then-girlfriend, Ms. Rawlings, a fifty percent interest in his home by way of quitclaim deed after receiving a notice of foreclosure from his lender that the property was scheduled to be sold at public auction. Thereafter, Ms. Rawlings obtained a loan to stop the foreclosure sale and to renovate the property. Mr. Juul and Ms. Rawlings resided together in the home for two years but in November 2007, their relationship ended, and Ms. Rawlings moved out. Mr. Juul continued to live in the home along with some tenants from whom he collected rent. After Ms. Rawlings moved out of the home, she and Mr. Juul entered into an agreement that Mr. Juul would make incremental payments to purchase the property back from Ms. Rawlings over time. By January 2012, however, Mr. Juul completely stopped making payments and Ms. Rawlings filed suit against him seeking a partition sale of the property and damages relating to the loans she acquired to complete renovations on the property.

         On August 19, 2013, Ms. Rawlings and Mr. Juul entered into a settlement agreement, which required them to list the property with a professional realtor. The realtor contacted the tenants on the property to notify them of their right to purchase the property under the Tenants Opportunity to Purchase Act (TOPA).[1]No contract had been executed between Mr. Juul and Ms. Rawlings and any third-party buyers at the time. On October 31, 2013, just days prior to the scheduled trial, the parties appeared in court for a pretrial conference, which resulted in a second settlement agreement. The second settlement agreement stated the following:

1. Lynette Rawlings' mother may submit a contract to purchase the property at a price of $455, 000.00, and if she does so, the parties must ratify the contract on or before November 11, 2013.
2. If the above contract does not go through, the parties agree to ratify a contract ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.