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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26189
Experience:  Began practicing law in 1992
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Can one judge overrule another judges order in regards to a

Customer Question

Can one judge overrule another judges order in regards XXXXX XXXXX summary judgment? If not what is the csae law supporting this?
Submitted: 3 years ago.
Category: Legal
Expert:  lwpat replied 3 years ago.
Summary judgement in a case can be appealed to the state's appeals court since it is a final order. In that respect one judge can overrule another judge's order. You only have 30 days to file an appeal or the decision becomes the law of the case and is final and cannot be overruled. Did that answer your question?
Customer: replied 3 years ago.

 

The first judge states in his order that the defendants could not explain why the could not supply the dispositive motion between two dates of which is over a months time, that judge later then recuses himself as to knowing relatives of mine, the next judge assigned is asked by the defendants for more time, that judge then allowed additonal time not only once but twice then he granted the summary judgement. I need to find case law on this.

Expert:  lwpat replied 3 years ago.
Case law on what? I am sure that you know what you are talking about but I do not. Please clarify.
Customer: replied 3 years ago.
case law supporting the general rule that one judge who has made an order to deny summary judgment then later rucuses himself because he know relatives of mine; that the 2nd judge who was not assigned the case cannot vacate the 1st judges order denying the summary judgment. The case doesn't start from scratch again does it?
Expert:  lwpat replied 3 years ago.
When the first judge reclused himself for a conflict that vacated his previous order. In any event, the time to complain would have been at the second hearing. Since you participated in the second hearing, without objection I assume, then you are now bound by that decision. Your only option at this point is an appeal. If you did preserve your objection to the second hearing you can include that in the appeal. For an appeal you need an attorney if you do not already have one.

an accept for my time is always appreciated
Customer: replied 3 years ago.
The first judges order denying the summary judgment was not vacated, the case was reassigned to the second judge. The second judge was the one who granted the summary judgment even after the 1st judge denied the summary judgment. Again, the first judges order was not vacated
Expert:  lwpat replied 3 years ago.
I understand but my answer remains the same. Your only legal recourse is to appeal. If you let the time for an appeal pass, then you have no recourse.

An accept for my time is always appreciated.
Customer: replied 3 years ago.
I have appealed the case to the court of appeals twice, next is the supreme court. That is why I need case law.
Expert:  lwpat replied 3 years ago.
I understand but you are now bound by what you argued in the appeals court. The time for case law was before it went to the appeals court. However I will opt out and see if another expert wants to provide any research. You may want to repost your question with a full explanation.
Customer: replied 3 years ago.
If you could please refer me to another attorney I would greatly appreciate it. I was told by a retired judge that once a judge makes an order the second judge in prohibited to change an existing order.
Customer: replied 3 years ago.
Relist: There is case law on my question I just don't know where to find it..
There is case law on my question I just don't know where to find it.
Customer: replied 3 years ago.
Relist: see last question.
see last question
Expert:  Dwayne B. replied 3 years ago.
There is not any case law that will say a judge cannot change an earlier order in the case. Until the judgment becomes final and the trial court's plenary power period is gone, a judge can always overturn an earlier ruling. That is why, in many cases, lawyers reurge a motion again later.

The "former judge" may have meant that after a judge in a different case couldn't overrule another judge's decision in a different case. But as to your question, there will be no law because that is not the law.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26189
Experience: Began practicing law in 1992
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