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Estate of Raleigh v. Mitchell

The D.C. Court of Appeals affirmed in part and reversed in part decisions of the D.C. Superior Court in a case in which the plaintiff sued to quiet title to certain real property located in D.C., which, it contended, the decedent owned at the time of his death but had recorded under another name. The trial court granted summary judgment to the defendants on the ground that the estate was not the legal owner of the real property at issue and had no standing to sue on causes of action related to the ownership of the property. On appeal, the plaintiff argued that the trial court erred in failing to allow it to substitute the real party in interest and in awarding attorney fees and costs to the defendants. In addition, certain defendants appealed from an order of the trial court refusing to grant them judgment on the estate's personal representative's surety bond. The appeals court affirmed the decisions of the trial court granting summary judgment and denying judgment on the surety bond. The appeals court reversed the trial court's order awarding attorney fees.

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Argued November 3, 2004

Before REID, Associate Judge, and WAGNER*fn1 and FERREN, Senior Judges.

In appeal number 03-CV-221, appellant, the Estate of Leonard Raleigh, appeals from an order of the trial court granting summary judgment for appellees, Lawrence Mitchell, Aida Bastida, E&G Investment Services, Inc. and Edgar E. Gramajo, on the ground that the estate is not the legal owner of the real property that is the subject of this action and has no standing to sue on causes of action related to the ownership of the property. The estate argues that the trial court erred in failing to allow it to substitute the real party in interest and in awarding attorney’s fees and costs to appellees. In appeal number 03-CV-396, Mitchell and Bastida appeal from an order of the trial court refusing to grant it judgment on the estate’s personal representative’s surety bond. We affirm the decision of the trial court granting summary judgment and denying judgment on the surety bond. We reverse the trial court’s order awarding attorney’s fees.

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