District of Columbia Court of Appeals
Larry M. Rosen & Associates, Inc., Appellants v. Nancy J. Hurwitz, Appellee
August 15, 1983465 A.2d 1114
Summary
The court reversed default judgments entered against all appellants because two had accepted personal service and appeared, while the remaining appellant's service challenge was not abusive or dilatory. It also held that the trial court improperly awarded damages without a hearing and lacked authority to impose attorney's fees against counsel on the stated grounds. The case was remanded for trial on the merits.
Holding
- Validity and treatment of the service-of-process challenges. The trial court erred in striking the motions to quash as sham or abusive litigation. A receptionist authorized to open and sign for mail is not necessarily authorized to accept service of process, and challenging service was not abusive absent a showing of authorization.
- Entry of default against the appellants. The trial court erred in entering default judgments because no appellant was in default when the order was entered. Two appellants had accepted personal service and appeared through an answer or motion to dismiss, and the remaining appellant had time to answer after denial of her motion to quash.
- Hearing on unliquidated damages. The trial court erred by awarding compensatory and punitive damages without a hearing. Even if default had been proper, appellants who had appeared were entitled to participate in a hearing concerning the amount of unliquidated damages.
- Attorney's fees and costs against counsel. The award of attorney's fees and costs against counsel was improper because the asserted authority did not expressly authorize such an award and a good-faith motion challenging service could not be treated as a sham pleading.
Docket 82-412
Cited authorities
- R. 4(e)(3)
- R. 4(d)(1)
- Rule 12(b)(5)
- R. 12(a)(1)
- R. 12(b)
- R. 4(b)(1)
- Fed. R. Civ. P. 11
Cited by
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- Verna Byrd v. District of Columbia
- Hani H. Masri v. Adamar of New Jersey, Inc.
- Charles A. Brady, Appellant v. Fireman’s Fund Insurance Companies, Appellee
- Michelle A. Jones, Appellant v. Carl Hersh, Appellee
- Effie Simpson, Appellant v. Chesapeake & Potomac Telephone Company, Inc., Appellees
- Suzanne P. Iannucci, Appellant v. Paul D. Pearlstein, Appellee
- Linda Cruz-Packer, Plaintiff v. District of Columbia, Defendants