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Laprade v. Rosinsky9/1/2005
trial judge addressed first the Rosinskys' motion for partial summary judgment on LaPrade's complaint. Summary judgment is proper if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Super. Ct. Civ. R. 56 (c); Chang v. Institute for Public-Private P'ships, Inc., 846 A.2d 318, 323 (D.C. 2004). The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact, after which the burden shifts to the non-moving party to designate specific facts showing that there is a genuine issue for trial. Musa v. Continental Ins. Co., 644 A.2d 999, 1002 (D.C. 1994) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986)). To carry this burden, the non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). "The mere existence of a scintilla of evidence . . . will be insufficient; there must be evidence on which the jury could reasonably find for the [non-moving party]." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). Further, in deciding a motion for summary judgment, the court must view the evidence in the light most favorable to the non-moving party, drawing all reasonable inferences from the evidence in her favor. Herbin v. Hoeffel, 806 A.2d 186, 191 (D.C. 2002). The role of the court is not to try an issue as factfinder, but rather to decide whether there are genuine issue of material fact to be decided by the jury. Holland v. Hannan, 456 A.2d 807, 814-15 (D.C. 1983).
After listing certain material facts it deemed undisputed, the trial court addressed plaintiff's claim of breach of the January 1976 agreement of the Rosinskys to convey to Mrs. LaPrade an undivided one-half interest in the property. LaPrade did not commence her action to recover for the alleged breach until November 29, 2000. As the trial court observed in its order granting defendants' motion, even if it is assumed that LaPrade was not aware that the May 1976 deed was not in fact executed by Charles Rosinsky until the ruling of the Office of the Secretary of the District of Columbia to that effect on November 2, 1987, LaPrade was required by the applicable three-year statute of limitations to file her action for breach of contract by November 2, 1990 rather than ten years later as she did. The court's assumption represents a generous view of the facts, one most favorable to LaPrade, as she was necessarily well aware of the Rosinskys' position by the time she executed her affidavit on April 28, 1986. We perceive no error in this court's grant of summary judgment on this count.
With respect to the partition claim, the trial court determined that the undisputed evidence showed that Maryann Rosinsky signed Charles Rosinsky's signature to the May deed without his permission. The court found expressly that Charles Rosinsky never signed the May 3, 1976, deed and did not authorize Mrs. Rosinsky to do so. In so finding, the court relied primarily on Charles Rosinsky's unequivocal deposition testimony.
The trial court obviously viewed as unsuccessful the appellant's effort to make a countervailing showing sufficient to create a genuine issue of material fact. We agree. It is most significant that there was no evidence offered by LaPrade that directly contradicted Mr. Rosinsky's testimony. Rather than execute a fresh affidavit tailored to meet head-on the thrust of the Rosinskys' motion for summary judgment, LaPrade offered the 1986 affidavit she had submitt
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