I HAVE BEEN IN A LAWSUIT 4 YRS, AND MY ATTORNEY WITH DREW, I AM GIVEN THE FILE AND FIND A MOTION TO DISMISS, WITH PREDUJICE IN 2009 OCT. THE CASE WAS DISMISSED AND GRANTED. NOW THE CASE SAT DORMENT 2 YRS, AND JUDGE PUT IT BACK ON DOCKET, AND I FIND THE DISMISSAL. I HAD ALSO JUST GOT A COPY OF ALL THE CASE FROM COURT HOUSE, BUT THE DISMISSAL IS THERE BUT HAS OTHER WRITING ON IT, AND HAS BEEN ALTERED, AND MY COPY IS VALID, AND SENT TO PLAINTIFF AND MY ATTORNEY. WHAT DO I DO ? CAN I SEND IT TO DISTRICT CLERK AND LET HER KNOW SOME ONE HAS ALTERED IT, AND IT NEED TO BE GIVEN TO THE JUDGE THAT HE DISMISSED 3 YRS AGO ? CAN THE DISTRICT CLERK TAKE IT AND REFILE IT CORRECTLY THAT SHOWS CASE DISMISSED ? OR DO I FILE A IMMEDIATE APPEAL, AS THE JUDGE AND SOME ONE HAS TAMPERED WITH THE COURT FILES.
Hi and welcome,
Since you have no attorney, I would not attempt to make a formal application to dismiss the case. Appear on the calendar date with your copies and copies of what are in the clerk's office and tell the judge there has apparently been some tampering (don't accuse the judge!) Tell him you want the dismissal with prejudice to be final and ask him to issue an order to that effect asking him to mention in his judgment the irregularities found up until now. Or he may direct you to do something else. If he does, come back here and I will help. Start a follow up question with THIS IS FOR RVLAW.
REMEMBER THIS IS NOT LEGAL ADVICETo find an attorney, go to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale. The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.Please refer to the JUST ANSWER disclaimer and rule on this site. You have to consult with an attorney in your state and discuss this matter with him or her. THE REASON is that we do not have an attorney-client relationship and the confidentiality that goes with it on this site. Our exchange is available for all to see. Note that this rule is applicable even though I am a New York attorney and your question may relate to NY law.Please ACCEPT MY ANSWER so that I may get credit for assisting you. Then press 3, 4 or 5 to rate it.Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not have intended If you want further information or clarification, just ask before you accept my answer and give a rating. rich
I APPRECIAT ETHE ADVICE, BUT JUDGE IS PREJUDICE, IN MY CASE..AND IT HAS BEEN TAMPERED WITH. HE DISMISSED WITH PREJUDICE.
I AM GOING TO MAKE THIS STICK WITH A IMMEDIATE APPEAL.
EVERYONE IS LYING HERE, AS THERE IS NO CASE, AND THEY PLAINTIFF IN 4 YRS HAS PROOVED NOTHING, THEY ARE TRYING TO FRAME ME, AND GET ME TO INCRIMINATE MY SELF IN A LAW SIUT BILL OF REVIEW, AS THE PLAINTIFF DIED 4 MONTHS AFTER I WAS SERVED. AND THEY CONTINUED ON..BUT GRANTED IT , THEN SOME HOW HEARINGS WERE SET, AS A WOMAN CAME FORWARD MARRIED TO MY X ? HE MARRIED 4 MONTHS AFTER DIVORCE FINAL. NOW AFTER SITTING DORMANT 3 YRS, AND SHE ORGIONALLY FILLED THE ESTATE OF, WAS DISMISSED 8-2011 ? HE HAD NO WILL, AND NOW JUDGE TOLD PLAINTIFF TO FILE A WRITEN APPLICATION FOR ADMINISTRATOR, WHEN THE TEXAS LAW SAYS, CANNOT BE DONE BY ANY ONE NOW AS ITS BEEN OVER 3 YRS SINCE HE DIED AND THE FIRST ADMINISTRATOR WAS DISMISSED, AFTER SITTING 20 MONTHS. I HAVE DOCUMENTS.. I BELIEVE A APPEAL CAN BE FILED, AND A 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.
I don't know what state you are in but after litigating for 30 years, I am 99.9% sure that your time to appeal has long since past. On the other hand, if the judge refuses to finalize the judgment now, your state will probably allow an appeal from that current judgment within the time set by law, usually 20-30 days from the entry of a judgment.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).