De Levay v. Marvins Credit, Inc.

District of Columbia Court of Appeals

De Levay v. Marvins Credit, Inc.

127 A.2d 554, 1956 D.C. App. LEXIS 295

CourtDistrict of Columbia Court of Appeals

DecidedDecember 6, 1956

Docket1883

StatusPublished

Cited by3 cases

This text of 127 A.2d 554 (De Levay v. Marvins Credit, Inc.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Levay v. Marvins Credit, Inc., 127 A.2d 554, 1956 D.C. App. LEXIS 295 (D.C. 1956).

Pincite

Opinion

PER CURIAM.

On October 19, 1955, appellant’s complaint was dismissed, without prejudice, for want of prosecution. More than six months later appellant moved to set aside the order of dismissal. This motion was denied on June 1, 1956. On June 5 appellant moved to vacate the order of June 1. This was denied on August 9 and notice of appeal was filed on August 20.

The notice of appeal purports to be from the order of August 9, but that order was nothing more than a denial of a motion to reconsider a previously denied motion and such an order is not appealable. 1 Nor does such a motion to reconsider extend the time for taking an appeal 2 and, because of lapse of time, we cannot consider the appeal as taken from the order of June 1.

Appeal dismissed.

1

. Gardner v. B. F. Saul Co., D.C.Mun.App., 118 A.2d 802; DeFoe v. National Capital Bank of Washington, D.C.Mun.App., 90 A.2d 242, and cases cited.

2

. Ibid.

Free access — add to your briefcase to read the full text and ask questions with AI