Johnson v. Edgewood Management Corp.

512 A.2d 287, 1986 D.C. App. LEXIS 365
CourtDistrict of Columbia Court of Appeals
DecidedJuly 10, 1986
DocketNo. 85-697
StatusPublished
Cited by2 cases

This text of 512 A.2d 287 (Johnson v. Edgewood Management Corp.) 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
Johnson v. Edgewood Management Corp., 512 A.2d 287, 1986 D.C. App. LEXIS 365 (D.C. 1986).

Opinion

ROGERS, Associate Judge:

Appellant Wilbur Johnson (Johnson) appeals from the trial court’s decision that he was lawfully evicted from his residence pursuant to a judgment of possession entered in favor of appellee Edgewood Management Corporation (Edgewood). Edgewood Management Corporation v. [288]*288Johnson, L & T No. 48544-82 (October 27, 1982). He contends that the eviction, which was based on a failure to pay an $11 post-judgment cost incurred by Edgewood, was unlawful because Edgewood never sought a court award for the cost or to have the cost taxed by the clerk of the court. We agree and hold that the eviction was unlawful because Johnson’s tender of the rent due and court-approved costs was adequate to stay the execution of the judgment.1 Johnson also contends that the motions judge abused his discretion in failing to award sanctions and costs against Edge-wood for the failure of its managing agent to attend three depositions; we find no abuse of discretion.

I.

Landlord Edgewood filed a complaint for possession against its tenant Johnson claiming that the rent owed on his unit was in arrears by $576.00 as of October 31, 1982. Judge Morrison found that Edge-wood was entitled to a judgment of possession, and instructed Johnson that in order to exercise his right of redemption and avoid eviction under Trans-Lux Radio City Corporation v. Service Parking Corporation, 54 A.2d 144 (D.C.1947), he would be required to pay “$576.00 plus $11.00 in court costs, which adds up to $587.00.” The judge told Johnson that he had until the time the U.S. Marshals came to evict him to pay the full amount of money due so that if he delayed past October 31, he would also have to pay the November rent. Johnson applied to the D.C. Department of Human Services (DHS) for emergency rental assistance, and on or about November 22, 1982, he tendered to Edgewood a commitment letter from DHS promising to make payment of $587.00, and $320.00 in cash for what Johnson claims was the November rent.2

Because Johnson had not paid $587.00 prior to November 1, 1982, Edgewood obtained a writ of restitution on the judgment of possession in order to evict him, and incurred an additional expense of $11.00 in obtaining the writ of restitution.3 By letter dated December 2, 1982, Edgewood informed Johnson that

As you are aware, a bench trial was held on October 27, 1982 before the Honorable Truman Morrison, III. On October 27, 1982, Judge Morrison ruled that you owed 587 dollars in rent and an 11 [dollar] writ filing fee in order to be current in rent and associated charges up to October 31, 1982.

Edgewood argues that Johnson was therefore warned that he had a balance due and owing of $6.00 and that if this sum were not paid within forty-eight hours, Edge-wood would execute the writ of restitution. On December 10, 1982, Johnson was evicted for nonpayment of $6.00.

Johnson filed a lawsuit for wrongful eviction on January 21, 1983. His theory of liability was that he had paid Edgewood all the money required to redeem his tenancy prior to the eviction, and that his eviction was wrongful because Edgewood had improperly required him to pay writ-of-restitution costs without seeking an award of these costs from the court or a taxing of these costs by the clerk of the court.

Judge Walton initially granted judgment on liability to Johnson, reasoning that “the court must be apprised of which costs the party is seeking to recover and the court [289]*289must then determine whether such costs are taxable, before the losing party becomes obligated to pay them.” Since Edge-wood did not request the $11.00 writ filing fee, and thus the court could not make a determination on them, the judge ruled that the costs were not a part of the amount Johnson had to pay to redeem his tenancy. On Edgewood’s motion for reconsideration and clarification, however, Judge Walton vacated his original order and held that D.C. Code § 16-1503 (1981), which authorizes “judgment and execution for the possession in [Edgewood’s] favor with costs ...,” entitled Edgewood to execute the judgment and to be reimbursed for all necessary costs in so doing.

Under Trans-Lux Radio City Corporation v. Service Parking Corporation, supra, 54 A.2d at 147, a tenant is given the right to redeem his tenancy after a judgment of possession has been entered against him. To exercise the right of redemption, the tenant must tender “the rent due with interest and costs.” Id. at 147 (quoting Sheets v. Selden, 74 U.S. (7 Wall.) 416, 421, 19 L.Ed. 166 (1869)). This court directed the trial court “to specifically find the amount of rent in arrears ... in order that the tenant may know what amount he is required to pay, and the landlord what amount he is entitled to receive in order to stay enforcement.” Id. at 146-47. The parties do not dispute the existence or applicability of the right of redemption to this situation. They disagree only as to the costs which may be properly included in the Trans-Lux figure.

D.C. Code § 16-1503 (1981) provides in relevant part that “[w]hen, upon a trial in a proceeding pursuant to this chapter, it appears that the plaintiff is entitled to the possession of the premises, judgment and execution for the possession shall be awarded in his favor, with costs_” Super.Ct. L & T R. 15 further provides:

Upon entry of judgment, the prevailing party shall be awarded as a matter of course all taxable costs in the action including a maximum fee of $3 to cover the costs incurred for service by a special process server. Other costs may, in the Court’s discretion, be awarded to the prevailing party or any other party, as appropriate, and costs may be awarded so as to discourage the filing of frivolous, vexatious or premature actions or defenses.

The statute clearly contemplates reimbursement to the successful party for costs incurred by that party. Moreover, Trans-Lux states that “ ‘all arrears of rent, interest and costs’ must be tendered [and that] all arrears must necessarily refer to the time of tender, whether the tender be made before judgment, at time of judgment or after judgment.” Trans-Lux, supra, 54 A.2d at 148. Since the authority of a court to assess a particular item as costs arises from statute, court rule, custom, practice and usage, Robinson v. Howard University, 455 A.2d 1363, 1368-69 (D.C.1983), the cost of the writ may properly be regarded as “taxable.” However, merely because a cost could be awarded, or would be automatically awarded upon request by the court, it does not follow that a prevailing party can unilaterally calculate its post-judgment expenditures and demand such payment from the party against whom costs are assessed as part of the Trans-Lux payment.

Super.Ct.Civ.R. 54(d), which applies to proceedings in landlord tenant court, Super.Ct. L & T R. 2, provides:

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Bluebook (online)
512 A.2d 287, 1986 D.C. App. LEXIS 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-edgewood-management-corp-dc-1986.