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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Family law, child custody and support, domestic violence.
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I am in Cleveland County in North Carolina. I had a case ...

Customer Question

I am in Cleveland County in North Carolina. I had a case pending and my attorney said the judge dismissed it because defendants argued I had file several suits in the past. I am a landlord of 25 years and this is the only way to get tenants out of my property. However, when I looked at the hard copy file it said voluntary dismissal without prejdice. I did not give permission to do this. Dismissing Rule 60 to all defendants. What is Rule 60? Is it legal for an attorney to dismiss a case without notifying me first?
Submitted: 5 years ago.
Category: Family Law
Expert:  Cowgirl Lawyer replied 5 years ago.
Hello Customer,

No, it is not proper for your attorney to voluntarily dismiss your case without discussing it with you first. It is your case, and a voluntary dismissal is not something to be undertaken without consultation with the client. You should believe the court file, as that is the official record of what transpired in the case. A voluntary dismissal without prejudice is not appealed. To reinstate the case, since it was dismissed without prejudice (meaning that you may pursue it in the future), you would re-file and set it for hearing.

You may want to discuss the matter with another attorney locally and consider hiring new counsel, since your confidence and trust in your attorney has clearly disappeared, for valid reasons.

Too, whenever a client feels that his or her attorney has done something improper, the client may file a complaint with the North Carolina State Bar. The process for filing a complaint is explained here: http://www.ncbar.com/public/filing.asp

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

Cowgirl Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 1422
Experience: Attorney for 22 years. Family law, child custody and support, domestic violence.
Cowgirl Lawyer and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you Attorney G. Morris,

Q1. What is Rule 60?

Q2. Should I now ask her why she dismissed case#1 this without my permission?

Now she is handlinh another case that I am not satisfied with. She is about to take anther case back to court in 2 days. The judge ruled we should have a decision from a Moderator on a court order agreements(A)between Plaintiff and Defendant, as to weather all parties followed proper procedures. We filed case (B) to enforce case (A).The Moderator ruled in my favor Case (A). However, the Judge set rules that was to be carried out in case (B) while waiting on the Moderators decision of case (A).

The Judge said, case (B) would be pending (we asked for damages) until the Moderators decision came back on case (A). If we could prove violations of defendant while waiting on the decision of case(A), THEN those violation should be review by the same Moderation before we continue the pending case (B).

She does not want the Moderator to rule on issues I think are violation, yet she wants to determind that we just go back and close case (B). Can she deny me a review in front of the Moderator before going back to close case (B)? Q3. Will I be able to talk to the Judge when we get back to court or will she be in full control? Q4. Can I call the Moderator and ask for a review or does that request have to come from her? Q5. Do I Have to go back to court or can I get the date stopped until I see the Moderator?
Customer: replied 5 years ago.
Please look at my reply area so I can get a clearer understanding of what I should do. I am thinking about typing her a fax and asking her to postpone the pending case from trail. How do I take back my rights?
Expert:  Cowgirl Lawyer replied 5 years ago.
XXXXXXXXXXX,

Before you allow your present attorney to continue to represent you on any claim, you need to assess your trust level. You may wish to retain another attorney and postpone any proceedings on the remaining case.

Your case was voluntarily dismissed without prejudice pursuant to Rule 60.

Good luck to you!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

Customer: replied 5 years ago.
Could you refer me to a Lawyer in Gaston or Cleveland or Lincoln County.
Thank you.
Expert:  Cowgirl Lawyer replied 5 years ago.
XXXXXXXXXXX,

No, we are not able to recommend our customers to particular attorneys. You may contact the North Carolina Lawyer Referral Service.

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