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Cabillo v. Cabillo

District of Columbia Court of Appeals
Apr 1, 1974
317 A.2d 866 (D.C. 1974)

Opinion

Nos. 7732 to 7738, 7740.

Argued February 26, 1974.

Decided April 1, 1974.

Appeal from the Superior Court of the District of Columbia, Joseph M. F. Ryan, Jr., J.

Edward E. Schwab, Washington, D.C., with whom Eleanor Hellrung and Andrew T. Moss, Washington, D.C., were on the brief, for appellants.

No appearances for appellees.

Before FICKLING, GALLAGHER and YEAGLEY, Associate Judges.


Appellants in these consolidated appeals petitioned in forma pauperis under D.C. Code 1973, § 15-712, to be relieved from payment of costs with respect to their actions for either divorce or annulment. They alleged in their affidavits that they were unable, because of their poverty, to pay the costs of the action and still provide the necessities of life for their children and themselves. The affidavits further reveal that all of the appellants except Mrs. Conner (Case No. 7740) are on welfare; Mrs. Conner's income, however, is only slightly above the welfare standard.

Under these circumstances the trial court was controlled by Harris v. Harris, 137 U.S.App.D.C. 318, 424 F.2d 806, cert. denied, 400 U.S. 826, 91 S.Ct. 50, 27 L.Ed.2d 55 (1970), and required to grant appellants' petitions to proceed in forma pauperis.

Furthermore, because these petitions were denied by the trial court, appellants were effectively barred from proceeding upon their claimed right to a dissolution of their marriages. Therefore, appellants were deprived not only of their statutory right under Section 15-712, but also their right to due process under the Constitution. Boddie v. Connecticut, 401 U.S. 371, 91 S.Ct. 780, 28 L.Ed.2d 113 (1971).

We accordingly reverse the orders of the trial court and direct that appellants be permitted to proceed in forma pauperis pursuant to Section 15-712.

Reversed.


Summaries of

Cabillo v. Cabillo

District of Columbia Court of Appeals
Apr 1, 1974
317 A.2d 866 (D.C. 1974)
Case details for

Cabillo v. Cabillo

Case Details

Full title:Ruth A. CABILLO et al., Appellants, v. Robert CABILLO et al., Appellees

Court:District of Columbia Court of Appeals

Date published: Apr 1, 1974

Citations

317 A.2d 866 (D.C. 1974)

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