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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.
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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.