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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87563
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i filed across claim in wis.where my car and issue at hand

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i filed across claim in wis.where my car and issue at hand was i also filed in florida where it started florida has not yet decided and plaintiffs counsel is trying to dismiss i will be asking judge to wait till florida decides before he dismisses my counter claim in wis as it may have to be heard there
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify:

1) Did you file two, separate petitions, for the same thing, in two states? If so, why?

2) What are you asking here, i.e. what do you wish to know?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

yes we did file twice 1st fl. only me ,then when he filed in wis he claimed he was owed $ for work on car so we put that in our cross claim in wis case because when heard in florida it may be dismissed because car theft happened in wis my ? can judge dismiss my cross claim in wis just because it was filed by my attorney in florida before it actually is considered

Expert:  Ely replied 1 year ago.
Thank you, Ron.

Fist of all, do understand that only one court can actually have this matter heard, in one case, if the issues all arise from the same matter. So at this time, you are in a situation where each court has a case open on the same thing.

can judge dismiss my cross claim in wis just because it was filed by my attorney in florida before it actually is considered

No. Wisconsin technically has jurisdiction over the matter if the vehicle was in Wisconsin and this is where the matter happened. Under Wis. Stat. § 801.05(4), Wisconsin holds jurisdiction if:

(a) Solicitation or service activities were carried on within this state by or on behalf of the
defendant; or
(b) Products, materials or things processed, serviced or manufactured by the defendant were
used or consumed within this state in the ordinary course of trade.


However, like I stated, only one Court can actually hear all the matters - you cannot have two. So we know that Wisconsin has jurisdiction over the vehicle matter, but so may Florida. If either party lives in Florida and/or part of the claims/counter-claims come from Florida, then both states have jurisdiction.

In that case, it would be whichever Court received the matter first, typically, would be the one that keeps it, and the other state would dismiss.

I hope this helps and clarifies. Good luck.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87563
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

i have a court civil court date walworth county wisconsin tomorrow opposing counsel is trying to dismiss my counter claim because same is being heard but not decided yet in florida its a issue with my 1970 red chevelle which was stripped totally while in his posession i filed in sarasota fl but were still in the beginning stages and not sure judge will side with us on a jurisdiction issue i.am asking wis judge to contiune on his decision till florida decides as it may have to be heard in wis.

Expert:  Ely replied 1 year ago.
Ron,

I understand what you are stating here. This is a good argument, although the discretion is with the Court here. It would be a good idea to ask for this in writing, via motion for continuance, and not just verbally.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87563
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Criminal Law Specialists are ready to help you

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