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WiseOwl58
WiseOwl58, Attorney
Category: Business Law
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Experience:  Experienced business lawyer.
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ok one more then i will leave you alone, at least for tonight

Resolved Question:

ok one more then i will leave you alone, at least for tonight hehe, I will have to send a notice of the hearing to the plaintiffs council what would the hearing be called? Like hearing for determination of fact or hearing to review responsive pleading or something like that? also it it does get dismissed they have submitted a copy of the note that says the originator indorsed the note to trust "A" then after pointing out flaws in there petition they filed an amended petition with a note where the originator indorsed the note to trust "B" using allonges of course now if it is dismissed and they refile using the second set of allonges will I still be able to use the fact that they submitted 2 copy's of the note where the originator indorsed the note to 2 different trust using the exhibits from the 1st case?
Submitted: 1 year ago.
Category: Business Law
Expert:  WiseOwl58 replied 1 year ago.
Yes, you should call it "Determination Hearing Re Defendant's Response."

Furthermore, as to your second question, they would not be able to refile after dismissal, because the matter would be dismissed with prejudice. That is to say that if they did refile, you could object on the grounds of "res judicata," essentially arguing that the matter had already been dismissed and they don't get a "do over" just by resubmitting an amended petition. They will be finished at that point, and you declared the winner.

Good luck to you. No problem answering whatever you would like to ask me.

All the best.
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 2655
Experience: Experienced business lawyer.
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