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RESTAURANT EQUIP. AND SUPPLY v. GUTIERREZ

No. 01-CV-774.

852 A.2d 951 (2004)

RESTAURANT EQUIPMENT AND SUPPLY DEPOT, INC., et. al., Appellants, v. Osvaldo GUTIERREZ, et. al., Appellees.

District of Columbia Court of Appeals.

Decided July 1, 2004.

Attorney(s) appearing for the Case

Tamir D. Damari, with whom Stanley H. Goldschmidt, Washington, DC, was on the brief, for appellants.

Leizer Z. Goldsmith, with whom Karen Bower, Washington, DC, was on the brief, for appellees.

Before RUIZ and WASHINGTON, Associate Judges, and PRYOR, Senior Judge.

WASHINGTON, Associate J.

The trial court entered a default against Restaurant Equipment and Supply Depot, Inc., et. al., ("appellants") because they failed to timely file an answer to appellees' complaint. On appeal from the subsequently-entered judgment, appellants argue that the trial court lacked authority to enter the default under Super. Ct. Civ. R. 55(a) because appellants had otherwise defended against the plaintiff's claims by timely filing a motion...

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