HERNANDEZ v. BANKS

Nos. 08-CV-1571, 09-CV-744.

65 A.3d 59 (2013)

Ricardo HERNANDEZ, Appellant, v. Bryant BANKS and Sheillia Banks, Appellees.

District of Columbia Court of Appeals.

Decided May 2, 2013.


Attorney(s) appearing for the Case

Aaron G. Sokolow , with whom Morris R. Battino was on the brief, for appellant.

Daniel S. Harawa , Student Attorney (No. 12689), with whom Doreen M. Haney , Supervising Attorney, was on the brief, for appellees.

Julie H. Becker , The Legal Aid Society of the District of Columbia, with whom John C. Keeney, Jr. , The Legal Aid Society of the District of Columbia, was on the brief, for The Legal Aid Society of the District of Columbia, AARP Legal Counsel for the Elderly, University Legal Services, Bread for the City, and Washington Legal Clinic for the Homeless, amici curiae, in support of appellees.

Before WASHINGTON, Chief Judge, GLICKMAN, FISHER, BLACKBURNE-RIGSBY, THOMPSON, OBERLY, BECKWITH, EASTERLY, Associate Judges, and RUIZ, Senior Judge.


BLACKBURNE-RIGSBY, Associate Judge:

We granted appellees' petition for rehearing en banc to consider whether we should continue to follow the rule of Sullivan v. Flynn, 20 D.C. (9 Mackey) 396 (1892), that the contracts of mentally incapacitated persons are inherently void, or should instead join the majority of jurisdictions in deeming such contracts only voidable.

The background is as follows. Appellant...

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