District of Columbia v. Fraternal Order of Police Metropolitan Police Labor Committee

Summary

The District of Columbia Court of Appeals addresses whether a trial court may consider a Rule 60(b)(6) motion based on changed circumstances while the underlying final order is on appeal. The court holds that the trial court may consider the motion’s merits and indicate whether it would grant relief, but may not actually alter the appealed order absent a remand. The court reverses and remands for consideration of the District’s motion concerning production obligations in a FOIA dispute.

Holdings

1. While a final order is on appeal, the trial court may entertain and consider on the merits a Rule 60(b)(6) motion directed at that order, including arguments based on changed circumstances, even though it may not grant relief that alters the appealed order while appellate jurisdiction remains pending.
2. A trial court may not grant Rule 60(b) relief that directly challenges or alters an order on appeal unless the appellate court first remands the case.

Questions Presented

1. Whether a trial court retains authority, while a final order is on appeal, to consider the merits of an appellant's Rule 60(b)(6) motion based on changed circumstances.
2. Whether the trial court may grant Rule 60(b) relief altering the appealed order without a remand from the appellate court.
3. Whether the District was entitled to remand of the Rule 60(b)(6) motion and the underlying FOIA production and attorney-fee orders for further proceedings.

Disposition

reversed_and_remanded