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Onewest Bank, Fsb v. Stephanie S. Marshall, Abbie Scott, and Renaud Scott

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Argued March 2, 2011

Before REID and FISHER, Associate Judges, and KRAVITZ, Associate Judge of the Superior Court of the District of Columbia.*fn1

In these consolidated appeals appellant, OneWest Bank, FSB (“OneWest Bank”), challenges the Superior Court Civil Division’s dismissal of its verified complaint for declaratory judgment; the court granted the Super. Ct. Civ. R. 12 (b)(6) motion to dismiss filed by appellee Stephanie S. Marshall, Personal Representative of the Estate of James C. Scott. OneWest Bank also appeals the Superior Court Probate Division’s order denying its motion to require Ms. Marshall to distribute Mr. Scott’s estate’s one-third interest in the Clay Street property to his wife, Abbie Scott.

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