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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3748
Experience:  Experienced in both state and federal court.
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AZ - we got a notice from superior court the judge granted

Resolved Question:

AZ - we got a notice from superior court the judge granted a permanent injunction to the plaintiffs. About 2 weeks later, the plaintiffs sent a letters with vague details and giving us 60 days. I saw someone else in FL ask if the injunction was legal if it wasn't served, does it need to be served in AZ?

Also, is the average length to clean a yard in an injunction 60 days?

If the want a daily fine after the 60 days, who gets that money, the plaintiffs or the court?

Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

Can you explain your situation a little further? Who is seeking an injunction and for what purpose?

Customer:

I've been trying to get help all week as I have to file something by tomorrow.

Customer:

We are a couple in our 50's, both severely disabled, lived in our home for 18.5 years that we built for a wheelchair as I was told when we built this I may have MS

Customer:

Anyway, 4 years ago, a young couple bought the home behind us. We never met them, Do not know them, even now

Customer:

We live in an HOA, have an 8 ft block wall fence next to a street on one side, other 3 walls are 6ft block walls

Customer:

we have mature trees and bushes all the way around inside our walls

Customer:

we have a one story, they have a two story. They bought in July 2009

Customer:

My husband was dianosed in late 2006 with MD like ALS but instead of 2-5 years it is more like 20

Customer:

in 2007 his dad died, 2008 his gr Aunt, 2009 his grandmother and 2010 his mother, in 2007 he had to to give up his job of 28 years and broke his hip

Customer:

Anyway, with all the deaths and health issues, he put stuff in the backyard. when these people moved in they blew a fuse and immediately complaimed to the HOA and we knew knothing about it

Customer:

The sued the HOA in Nov 2011 again we knew nothing about it

Customer:

We found out in March 2012, my husband asked for a sit down meeting to be a good neighbor and get to the issues. The neighbor had his lawyer and all they would say is wipe your yard out

Customer:

The neighbor pulled all the stuff out of his yard other than his pool, nothing left

Customer:

we went to an oral argument for partial summary judgement and I had no citings or law to back me up so they got the injunction

Customer:

I am in disbelief a judge would order a permanent injunction before a trial when the HOA does not police back yards and neither does the town coe enforcement.So apparently I missed the 15 day time limit. I want to try anyway. I was wondering if a helthy person gets 60 days>

TexLawyer :

OK. Thanks for the information.

Customer:

We cannot afford a lawyer, cannot afford to hire help,living on SS, I need a major surgery and cannot find our disabiltiy rights online that would pertain to this case either.Everyone at JA has left me hanging and will not help me. I will hold none of you responsible. I just need some guidance.

TexLawyer :

To answer your question, 30-60 days is about right, but the time frame has to be reasonable, based on the circumstances.

TexLawyer :

If you feel that 60 days is not enough, you can file a motion with the court asking for more time.

TexLawyer :

You may have had defenses to the issuance of the injunction, but if the court has made it's ruling and you've missed the deadline to appeal, you are going to be in a difficult legal position.

Customer:

I've cried and cried...I've been put on all sorts of anxiety meds... I know I am telling you too much but I just don't know what to do. Yes my spouse does have a hoarding issue. We've worked VERY hard this last year and half of what was out there is gone. The neighbor finally admitted to using a 200mm zoom lens from an upstairs window which the judge does not know. They used ladders and went between bushes over the wall and trespassed on our property. They did all that to get a court order entry to come in and take photos and video inside the yard

Customer:

For my spouse, everything takes him 4X longer than the average healthy man of his same age.We are in the triple digit heat, the hottest 2 months of the year and after 60 days, they want a DAILY monetary fine.

TexLawyer :

Given your health conditions, you would be well within your right to ask for an additional 60 days.

Customer:

could I use Rule 59(e) MOTION TO ALTER AND AMEND

TexLawyer :

You could, or you could just file it as a motion asking the court for a separate order extending the time. The mechanism is not really all that important.

Customer:

What I am afraid of is that from what I have read, it sounds like once we go to trial,this part is not brought up and is skipped over?

TexLawyer :

What part is skipped over?

Customer:

So, in essence, they used illegal ways to gain entry, I can prove the plaintiff have perjured himself in his initial affidavit. We want an injunction against them for harassment and stalking because they are constantly peering out the upstairs windows and taking our photos even in the dark and my spouse took photos of them doing it. We just wish they'd go back down the hole they came out of and leave us alone. Worst part is my husband has threatened suicide.

Customer:

When we go to trial, since the won partial summary judgement, that entire count is now over and is not brought up at trial?

TexLawyer :

Yes, that part is decided.

Customer:

The judge knows I am in need of surgery. If I put a stay on the case,would it stay the injunction?

TexLawyer :

Since that part has been decided, no, but you can request that it is. Again, if the timeframe is unreasonable, you can request an extenstion.

Customer:

I told the judge I needed the surgery BEFORE he made the decision because I had no idea how any of this was going to work.

TexLawyer :

The judge has very wide discretion in these matters.

TexLawyer :

If you feel like he's abused that discretion, you always have the ability to appeal.

Customer:

Do you think it is worth it to bring up the perjury of the plaintiff and the plaintiffs witness in her affidavit as well as their lawyer intimidated and threatened our witness with a lawsuit to see if this would bring doubt as to the injunction? When we went to the oral argument the judge pointed to the witness chair and said,"the only way we are going to find out who is telling the truth is by putting people in the chair right there" and he pointed to the witness chair. So much has been twisted, distorted and lied about I was anxious to get in that chair and tell the truth!

TexLawyer :

Yes, you should ALWAYS make issue of someone perjuring themselves.

Customer:

So I WILL go ahead with the way I am planning on filing tomorrow, all he can do is say no. I just do NOT want to piss the judge off so he says no to an extension of time later but I think I may ask for that in the same paper, can I do that?

TexLawyer :

I think pointing out that the other side has been dishonest will not make the judge mad

TexLawyer :

Yes, you can do that.

Customer:

What ticked me off was right before the decision the plaintiffs lawyer sent the judge the video from the yard inspection. I had no idea he was allowed to do that. It was like, "here judge, right in your face, fresh in your mind!" Yes, they sent a scathing letter to our witness threatening to sue her for slander for writing what she saw.

TexLawyer :

Providing a judge powerful evidence in close proximity to the decision is a common litigation tactic.

TexLawyer :

It may make you angry, but there is attorneys expect this kind of thing.

Customer:

Their client ran out of their home with a camera while our friend was trying to tie back some tree branches and was standing on a step stool to do so. She wrote it in her affidavit and the threatened to sue her. This is what we are dealing with. Their lawyer acts like such a sweet, polite angel in court and rottweiler out of court.

Customer:

So providing discovery to the court at any time is OK

TexLawyer :

It depends on the discovery deadlines. If they were within the court's discovery deadlines, then it is OK. If not, you should have filed a motion to strike it.

Customer:

Well, I'm sure I've taken enough of your time. I so appreciate YOU were willing to help me. I thank you from the bottom of my heart

TexLawyer :

Glad to help.

TexLawyer :

If I can't do anything else for you, please remember to "rate" my answer. Good luck

TexLawyer :

Can I do anything else for you?

Customer:

oh yes, do you know any disability rights or codes that I can use that pertain to any of this or any links I can go to and read?

TexLawyer :

This is a good place to start. There is LOTS of information here, which could lead you to other things:

TexLawyer :

http://adata.org/

TexLawyer :

Does that help?

Customer:

I'll look at them, thank you. I have to get back to my paper or I'll never be finished in time. You've been a great help. If I hit save and exit I can reread this if need be

TexLawyer :

You will always have access to this chat through your profile.

TexLawyer :

As long as your profile is active, you will be able to go back and read this.

Customer:

EXCELLANT CHAT thank you for chatting, I've prayed and prayed and yu showed up when time was running out thank you and goodnight

TexLawyer :

Have a good night. Please remember to "Rate" my answer before you log off. Have a good evening. I hope things work out for you.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3748
Experience: Experienced in both state and federal court.
Chris T., JD and 6 other Legal Specialists are ready to help you

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