131 A.3d 877
D.C.2016Background
- Landlord Henry Harden sued tenant Andrew Butler (May 21, 2014) for nonpayment of rent in Landlord & Tenant (L&T) court.
- On initial return date (June 11, 2014) Butler appeared; landlord did not, and the case was dismissed for want of prosecution; Butler was excused. Later the same day the dismissal was vacated and the case was rescheduled for June 26, 2014; Butler contends he never received notice of that date.
- Butler did not appear on June 26; Judge Holeman entered default judgments for possession and money after hearing counsel’s representations, but without the ex parte documentary proof of rent required by L&T Rule 11(e)(1). The landlord later obtained a writ of restitution.
- Butler moved to stay execution and to vacate the defaults; a later hearing (September 22) vacated the defaults in the landlord’s absence. The landlord moved for relief; Judge Nash reinstated the default judgments on November 21, 2014.
- On appeal the court concluded the original default judgments were void because the landlord failed to present the required ex parte proof when Butler had previously appeared; the reinstating judgment was therefore reversed and the defaults ordered vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court could enter default judgments when defendant previously appeared without ex parte proof | Harden: default proper because Butler failed to appear at rescheduled hearing and counsel represented amount owed | Butler: L&T Rule 11(e)(1) required ex parte proof of liability/damages because he had appeared previously | Court: Judgment void; ex parte proof required and absent, so default judgments invalid |
| Whether a void judgment can be challenged after later reinstatement | Harden: reinstatement cured defects / procedural bars | Butler: void judgment can be vacated at any time regardless of prior motions | Court: Void judgments may be vacated at any time; reinstatement cannot stand |
Key Cases Cited
- Jones v. Hersh, 845 A.2d 541 (D.C. 2004) (interpreting L&T Rule 11 and requiring ex parte proof for defaults where defendant previously appeared)
- Health Res. Corp. of Am. v. Jones, 509 A.2d 1140 (D.C. 1986) (judgments entered without requisite proof are void)
- W.H.H. Trice & Co. v. Faris, 829 A.2d 189 (D.C. 2003) (default judgment error where entered without ex parte proof)
- Klein v. Rappaport, 90 A.2d 834 (D.C. 1952) (absence of a defendant who had appeared does not permit default without trial or hearing on the issues)
- Milton Properties, Inc. v. Newby, 456 A.2d 349 (D.C. 1983) (verified pleadings alone are insufficient as proof to support judgment)
- Wade v. Union Storage & Transfer Co., 58 A.2d 493 (D.C. 1948) (void judgments may be vacated at any time)