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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I GOT MY FILE FROM ATTORNEY. AND FOUND MOTION TO DISMISS WITH

Resolved Question:

I GOT MY FILE FROM ATTORNEY. AND FOUND MOTION TO DISMISS WITH PREDJUICE,DATED AND FILE STAMPED BY CLERK AND DEPUTY SIGNED IT, 9-4-2009.. WHY IS THE CASE GOING FORWARD, WHAT CAN I DO TO STOP IT NOW I FOUND IT. AS IT WAS NOT IN COURT DOCUMENTS I PULED MONDAY..ALL OF FILE IN CASE.. AND IT WAS SENT TO MY PREVIOUS ATTORNEY AND PLAINTIFF ATTORNEY.. IF DISMISSED , WHY IS THIS STILL GOING ON ? WHAT CAN I DO ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
If the motion was filed and stamped, you need to present that motion to the court showing it WAS indeed received by the clerk and thus is a pending motion that needs to be ruled upon. If there is an order in the attorney's file showing the court ruled dismissing it that is even better because legally the case cannot go on as it was dismissed and you need to file a motion for a ruling on the pending motions and you need to attach a copy of the stamped motion to dismiss. If there is an order in your attorney's file, you need to file another motion in court to enforce the prior order and attach the order of the court showing it has been dismissed with prejudice and stating the case has been res judicata (already decided).

This makes absolutely no sense, since if a court has ordered a case dismissed with prejudice this court has no right to continue on with the case by law. If this court issues ANY judgment in the case, you have immediate grounds to appeal as the court had no jurisdiction on the case.


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89356
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


there is nothing pending now.. so do I send a certified copy to the judge.

Expert:  Law Educator, Esq. replied 1 year ago.
You would file a motion to enforce order with the clerk with the copy of the order dismissing the case and that would go to the judge. In your motion to enforce order, you would state the court has already dismissed with prejudice and as such the court has no further jurisdiction.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89356
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank You.. I appreciate a honest answer.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89356
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you

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