Aurell v. Furst
| Decision Date | 18 March 1988 |
| Docket Number | No. 87-1455.,No. 87-1454.,87-1454.,87-1455. |
| Citation | 539 A.2d 1081 |
| Parties | John K. AURELL, et al., Appellants, v. Allen S. FURST, et al., Appellees. |
| Court | D.C. Court of Appeals |
Before NEWMAN, BELSON and STEADMAN, Associate Judges.
Appellants have filed an interlocutory appeal from the order of the trial court denying their motion to dismiss the complaint on the ground of forum non conveniens. Frost v. People's Drug Store, Inc., 327 A.2d 810 (D.C. 1974). They now seek a stay of any further proceedings in the trial court.
The filing of the appeal did not automatically deprive the trial court of all jurisdiction to act with respect to further pretrial proceedings. See Carter v. Cathedral Ave. Co-op., Inc., 532 A.2d 681, 684 n. 7 (1987) (); 15, C. WRIGHT, A. MILLER & E. COOPER, FEDERAL PRACTICE AND PROCEDURE § 3911 at 497 (1976) (). Thus, so long as the underlying considerations of the forum non conveniens doctrine are not unduly impinged, see, e.g., Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 507-08, 67 S.Ct. 839, 842-43, 91 L.Ed. 1055 (1947); RESTATEMENT (SECOND) OF CONFLICT OF LAWS § 84 (1971), pretrial activity may continue. Here, the trial court observed in its order that potential witnesses would likely be deposed at their places of residence and that there would be little difference in the preparation of the case whether tried in the District of Columbia or in Florida. The appellants in this case are members of a large law firm with offices both in Florida and the District of Columbia, and they are represented by another large firm with offices in a dozen or so jurisdictions, including both the District of Columbia and Florida. In the Status Conference Memorandum and Order of January 30, 1987, the trial court observed that a continuing assertion of jurisdiction is appropriate with regard to the matters covered therein, "inasmuch as their resolution is necessary to avoid confusion and the waste of time, and to provide for the efficient processing of this case in this court in the event the court's jurisdiction to proceed is confirmed." On the record before us, we do not perceive circumstances whereby irreparable injury is being inflicted...
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Stebbins v. Stebbins
...proceed with pretrial discovery while an interlocutory appeal is pending from denial of a motion for forum non conveniens. Aurell v. Furst, 539 A.2d 1081 (D.C.1988). A trial court also may proceed with a motion for recusal, conventional reviews and modification of a conditional custody orde......
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Hammond v. Weekes
...time." Id. at 684 n. 7. These rules, therefore, are "subject to a common-sense flexibility in application." Id.; see, e.g., Aurell v. Furst, 539 A.2d 1081 (D.C.1988) (allowing trial court to continue pretrial proceedings notwithstanding pending interlocutory appeal from denial of motion to ......
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...time. Hence, it is subject to a commonsense flexibility in application. Id. at 684 n. 7 (citations omitted); see also Aurell v. Furst, 539 A.2d 1081 (D.C.1988) (per curiam). The application of the general rule is limited to situations in which the order appealed from disposes of the case in......