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CHAPTER A Composite Brief CHAPTER 10 A Composite Brief 137 PRIOR PROCEEDINGS: (1) TRIAL. Southall sued Brown for possession of its rented premises for nonpayment of rent in a trial court of the District of Columbia. RESULT: Judgment for PRESENT PROCEEDING: Southall, awarding it possession of the rented premises. (2) APPEAL. Brown now appeals the judgment of the lower court to the D.C. Court of Appeals. CHAPTER OUTLINE KEY FACTS FOR ISSUE |: Landlord wins a possession action for nonpayment Section A Comprehensive Brief of rent against tenant. Tenant moves out and wants to appeal this judgment. Section B Thumbnail Brief ISSUE 1: Can a tenant appeal a judgment awarding posses- sion to the landlord due to nonpayment of rent when the judgment would be res judicata on matters such as whether rent is due even though the tenant no Thus far we have covered the ten components of a comprehensive brief of an longer wants possession of the premises? opinion (see chapter 2). The components have been examined individually. In HOLDING 1 : YES. A tenant can appeal a judgment awarding pos- this chapter, we bring the pieces together in composite form. We also look at a session to the landlord when the judgment would be es judicata on matters such as whether rent is due much shorter version of a brief: the thumbnail brief. even though the tenant no longer wants possession of the premises. REASONING 1: The court allowed this appeal because of the conse- quences of the doctrine of res judicata. If the appeal were not allowed, the trial court decision on the SECTION A Comprehensive Brief issue of rent would be final. The issue of possession may now be moot since the tenant no longer wants possession. But the rent issue is still alive. If it is not In the assignments in this book, one of the opinions under examination has resolved now, then res judicata will prevent the ten- been Brown v. Southall Realty Co. The brief of this opinion is presented below. ant from later claiming that she does not owe rent in Note that the brief includes the page numbers in the textbook where the opin- the event that the landlord later sues for rent. ion is found. If you are briefing an opinion directly out of a reporter, all you KEY FACTS FOR ISSUE II : Code violations existed at the beginning of the lease that rendered the premises unsafe and unsanitary. need is the citation of the opinion-the first component of the brief. If, howev- The landlord knew of these violations at the time the er, you are briefing an opinion that has been reprinted in a textbook (such as lease was entered. the one you are now reading), you should also include the page numbers ISSUE I1: s a lease void when a landlord knows before enter- where the opinion is found in the textbook (see Figure 2.3 in chapter 2). ing the lease that there are unsafe and unsanitary conditions in the rented premises in violation of $5 2304 and 2501 of the D.C. Housing Code? HOLDING 11 : YES. A lease is void when a landlord knows before entering the lease that there are unsafe and unsani- tary conditions in the rented premises in violation of $5 2304 and 2501 of the D.C. Housing Code. A Comprehensive Brief REASONING II: t was the intent of the Commissioners (who wrote the Housing Code) to have a lease declared void CITATION: when the landlord enters it knowing that there are Brown v. Southall Realty Co. Inc., 237 A.2d 834 unsafe and unsanitary conditions that make the rent- (D.C.1968) ed premises uninhabitable. To infer any other intent PAGES IN TEXT: would contradict the purpose of $5 2304 and 2501, 297-300 . which is to insure that housing is livable. PARTIES: Brown/tenant/ defendant below / appellant here DISPOSITION: Judgment for landlord is reversed. COMMENTARY : See page 131 in chapter 9 on what should be includ OBJECTIVES: Southall Realty/landlord/plaintiff below / appellee here ed here. Southall wants to evict s to evict Brown and regain possession of the rented premises. Brown initially wanted to avoid being evicted and CAUSE OF ACTION : now wants to avoid having to pay rent . Southall : Brown breached her duty under the lease SECTION B Thumbnail Brief DEFENSE: to pay rent. A thumbnail brief is, in effect, a brief of a brief! It is a shorthand version of llegal and no rent need be paid Brown: The lease is illegal and the comprehensive brief that leaves out some components (i.e., parties, object 136 under it because of a violation of $5 2304 and 2501 tives, theories, history of the litigation) and abbreviates others (i.e., facts, of the D.C. Housing Regulations
