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Affordable Elegance Travel, Inc. v. Worldspan

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Appeal from the Superior Court of the District of Columbia Hon. Michael L. Rankin, Trial Judge

Argued February 25, 1998

Worldspan, L.P., sued Affordable Elegance Travel, Inc. (“AET”), a travel agency, for money due under a lease agreement. The case was tried to the court, sitting without a jury. At the close of Worldspan’s evidence, AET moved for a directed verdict, *fn1 which was denied. The trial proceeded, and after hearing AET’s evidence, the court found AET liable to Worldspan but continued the case to a future date for a further hearing on damages. At the conclusion of that hearing, the court awarded $27,559.73 to Worldspan. AET filed a motion, based on Super. Ct. Civ. R. 59 (e), to alter or amend the judgment or, in the alternative, for a new trial. The court ruled, however, that the motion was not timely filed under Rule 59 (e). It considered the motion instead under Super. Ct. Civ. R. 60 (b) and denied it in its entirety. We hold that the motion was timely, and thus we remand the case to the trial court with directions to reconsider the motion under Rule 59. We reject AET’s other contentions and affirm the judgment on the merits. Our affirmance, however, is subject to the trial court’s ultimate decision on remand with respect to the post-trial motion.

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