Stuart v. Walker
2010 D.C. App. LEXIS 606
| D.C. | 2010Background
- Pamela Stuart sued Barbara Walker in DC Superior Court for attorney’s fees.
- Walker moved to compel arbitration under DC Bar Rule XIII; the case was stayed pending arbitral judgment.
- Stuart appealed; DC intervened; issue was constitutionality of Rule XIII and scope of DC appellate power.
- Superior Court’s stay pending arbitration produced a non-final order, not an appealable final judgment.
- This court lacks jurisdiction to review non-final orders under DC Code §11-721(a)(1) and related precedents.
- Court dismisses the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the order compelling arbitration a final, appealable order? | Stuart argues finality under Green Tree/ DCUAA. | Court maintains no finality; stay pending arbitration is non-final. | Not final; unappealable; dismissal. |
| Can DC Council alter finality to make arbitration orders appealable under Home Rule Act? | DCUAA amendments within Council authority. | Amending finality exceeds Home Rule Act §602(a)(4). | Council cannot alter finality; appeal dismissed. |
Key Cases Cited
- Green Tree Fin. Corp. v. Randolph, 531 U.S. 79 (2000) (arbitration order dismissal vs. stay affects finality for appeal)
- Koczak, 439 A.2d 478 (D.C.1981) (arbitration order not final unless dismissal with prejudice)
- Judith v. Graphic Comm’ns Int’l Union, 727 A.2d 890 (D.C.1999) (arbitrary determination of finality in some contexts)
- Umana v. Swidler & Berlin, Chartered, 669 A.2d 717 (D.C.1995) (discrimination/remand contexts involving finality)
- Crown Oil & Wax Co. of Delaware v. Safeco Ins. Co. of America, 429 A.2d 1376 (D.C.1981) (finality standards in DC appellate review)
- Evans v. Dreyfuss Bros., Inc., 971 A.2d 179 (D.C.2009) (final orders and reviewability)
- Keeton v. Wells Fargo Corp., 987 A.2d 1118 (D.C.2010) (arbitration and finality interplay)
- Murphy v. McCloud, 650 A.2d 202 (D.C.1994) (heir/administration review and finality)
- In re D.M., 771 A.2d 360 (D.C.2001) (visitation orders as final for appeal)
- In re Ko.W., 774 A.2d 296 (D.C.2001) (parental rights and finality)
- Sears, Roebuck & Co. v. Mackey, 351 U.S. 427 (1956) (finality and piecemeal appeals)