Section 1639

Citation: Section 1639
Parent Document: Tippett v. Daly, 10 A.3d 1123 (2010)
Jurisdiction: DC (municipal)
Effective Date: 2010-12-30
Original Source: https://www.courtlistener.com/opinion/2551230/tippett-v-daly/ ↗

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[3] Prior to trial, the parties stipulated that the tenant "submitted a statement of interest to [the owner] dated May 18, 2001," but that "the date of receipt by [the owner] is disputed." However, the tenant failed to produce any evidence at trial to dispute the owner's testimony that he received the statement on June 2. There thus is nothing to support a contrary finding, and we take it as established that the statement was received on June 2. Although our dissenting colleague suggests that we should remand for further proceedings on this issue, the trial has taken place (in May 2005), the tenant failed to present any contrary evidence, and the court denied his motion to reopen the record. We disagree with our colleague's argument that we are terminating this litigation prematurely.

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