Opinion
No. 11-FS-1161 No. 11-FS-1162 No. 11-FS-1163 No 11-FS-1164 No 11-FS-1165 No 11-FS-1166 NEG187-05 NEG 188-05 NEG190-05 ADA72-06 ADA73-06 ADA74-06
03-01-2012
In re: N.R.; N.L.R., Appellant, In re: M.R.; N.L.R., Appellant, In re: I.R.; N.L.R., Appellant, In re: PETITION OF A.O.T.; N.L.R., Appellant,
BEFORE: Blackburne-Rigsby, Oberly, and Easterly, Associate Judges.
ORDER
In In re A. O. T., 10 A.3d 160 (D.C. 2010), a division of this court issued an opinion in which it "vacated the judgment [terminating appellant's parental rights and granting A.O.T.'s petition to adopt appellant's children] and remand[ed] the cases for a new trial before an associate judge of the Family Court." Id. at 167. This court's mandate issued on March 10, 2011. Appellant moved to enforce the mandate on July 20, 2011; no opposition was filed. On August 9,2011, the presiding judge of the Family Court denied the motion on the ground that it was moot in light of an intervening rule change by the Superior Court. This appeal followed.
Our unambiguous mandate was and continues to be binding on the Family Court. See Lenkin Co. Mgmt, Inc. v. D.C. Rental Hous. Comm 'n, 677 A.2d 46 (D.C. 1996). In the interest of providing appellant with a new trial as expeditiously as possible and in the interest of enforcing the mandate of the court previously issued in this case, it is
ORDERED that a new trial before an associate judge of the Family Court be scheduled forthwith. An opinion will follow.
PER CURIAM
Nos. 11-FS-1161, 11-FS-1162, 11-FS-1163, 11-FS-1164, 11-FS-1165 & 11-FS-1166
Copies to:
Honorable Zoe Bush
Clerk, Superior Court
Tanya Asim Cooper, Esquire
David A. Clarke School of Law
UDC Legal Clinic, Building 52
4200 Connecticut Avenue, NW
Washington, D.C. 20008
Deborah Cason Daniel, Esquire 503 D Street, NW, Suite 200 Washington, D.C. 20001
Thomas P. O'Toole, Esquire
P.O. Box 42054
Washington, D.C. 20015
Todd S. Kim, Esquire
Office of the Attorney General
441 4th Street, NW, Suite 600S Washington, D.C. 20001
Kristen Pisani-Jacques, Esquire
Children's Law Center
616 H Street, NW, Suite 300
Washington, D.C. 20001
John C. Keeney, Jr., Esquire
Legal Aid Society of the District of Columbia
1331 H Street, NW, Suite 350
Washington, D.C. 20005