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Laprade v. Rosinsky9/1/2005
Argued March 2, 2005
Before TERRY and REID, Associate Judges, and BELSON, Senior Judge.
Appellant, Rona F. LaPrade, brought an action against appellees, Maryann Rosinsky and her husband, Charles Rosinsky, for damages for breach of an agreement to sell to LaPrade an undivided one-half interest in certain residential real property, and for the partition and sale of that property. The Rosinskys answered and counterclaimed, alleging slander of title and adverse possession and seeking imposition of a constructive trust, an order quieting title, an accounting and punitive damages. Upon consideration of cross motions for summary judgment, the trial court entered summary judgment in favor of the Rosinskys. On appeal, LaPrade argues: (1) summary judgment was inappropriate as there were genuine issues of material fact regarding the validity of the deed at issue; and (2) the trial court erroneously failed to apply laches to bar the Rosinskys' claim that the deed was void. We affirm.
I.
This case arose out of a dispute over title to a one-half interest in a single family dwelling located at 411 Sixth Street, N.E., Washington, D.C ("property"). On January 27, 1976, the Rosinskys signed a contract to sell to LaPrade "an undivided one-half interest" in the property, even though the property, at that time, still belonged to LaPrade and her then husband. Mr. Rosinsky later testified at his deposition that he signed the contract, although he did not know that what he signed was a contract when he signed it. Mrs. Rosinsky testified to the same effect. Subsequent to the execution of the contract, two deeds to the property were executed. The first deed was executed on March 12, 1976 ("March deed"). Through it LaPrade and her husband granted the property to the Rosinskys in fee simple. By the second, on its face dated and signed on May 3, 1976 ("May deed"), the Rosinskys reconveyed an undivided one-half interest in the property to LaPrade. Bearing the apparent signatures of both the Rosinskys and a notary public, Jean Stamback, the May deed was recorded with the Recorder of Deeds about a year later. However, according to Mr. Rosinsky, he neither signed the May deed nor authorized any person to sign it for him. He avers that he did not become aware of its existence until he attempted to apply for a loan to remodel the kitchen of the premises in question in 1985.
In a letter to LaPrade dated August 21, 1985, attorney Stephanie Y. Bradley wrote on behalf of the Rosinskys that Mr. Rosinsky did not have any knowledge of, or sign, the May deed, and that it was Mrs. Rosinsky who was induced by misrepresentation to sign both her name and her husband's without the consent of the latter. Bradley urged LaPrade to execute a quitclaim deed to reconvey the one-half interest to the Rosinskys. Otherwise, she stated, the Rosinskys would resort to appropriate legal action. However, they had taken no such action as of the time they answered LaPrade's complaint in this case in December 2000.
In 1986, the Rosinskys, through Bradley, filed a complaint with the Office of the Secretary of the District of Columbia in opposition to the reappointment of the notary commission of Jean Stamback, who had notarized the signatures on the May deed. They contended that Stamback falsely notarized the signature of Mr. Rosinsky affixed to the May deed by certifying a signature of Mrs. Rosinsky as Mr. Rosinsky's. As a result, the Office of the Secretary initiated an investigation into the complaint and sent a letter to LaPrade on March 24, 1986, requesting that she provide an affidavit regarding the events that occurred on or about the time the May deed was executed.
In response to t
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