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Lucy, Esq.
Lucy, Esq., Attorney
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This is a tricky one... As explained, and after having reviewed

Resolved Question:

This is a tricky one... As explained, and after having reviewed almost a book of decisions of the Court of Appelate and Supreme Court, I am coming to this question :

FJ was not granting prejudgment interests to Plaintiff. Plaintiff had to move within 10 days in accordance with 1530(b). Instead he sent a letter to the judge with an amended FJ including said prejudgment interests. His letter is not deemed motion to move (?). I protest - not against the amended FJ - but against the way of submission of my opponent. Reason : I protest BEFORE the amended FJ is issued, so I can;t protest against something that's unexisting. Then I file a motion to vacate or amend said judgment, on grounds thta it was issued, and AFTER, judge DEEMS my letter as motion to rehear.

QUESTION : at the rehearing that is actually a hearing, possibility (a), judge denies my deemed motion and validates previous Amnded FJ without issuing new judgment.

In that situation, is the previous Amended FJ not invalid after it grants prejudgment interests not pleadd by Plaintiff ( when his correspondence is invalid and is not a motion ).

(b) judge grants my motion, listens - or pretend so - and grants prejudgment interests requested by Plaintiff. Then issues a new judgment. Is this judgment valid and is this how the judge would proceed

(c) something else happens there , what ?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

The judge will either deny the motion and uphold the amended judgment, or he will allow the motion and issue a new judgment. Any new judgment issued would supersede the original judgment and would be valid unless successfully appealed by one of the parties.

If the judge denies the request and upholds the grant of prejudgment interest, that could give a basis for appealing, based on the argument that the judge granted relief not requested. It wouldn't automatically make the judgment invalid.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20425
Experience: Lawyer
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