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You would file a Motion to Transfer Venue since it is not in the correct court.
i dont want to transfer it. i want to quash it
You wouldn't quash it on the grounds it is filed in Harris County rather than Montgomery County, the proper motion is one to transfer.
You also don't file to quash a Motion for Contempt.
If you are challenging it you file a Motion to Dismiss.
But you don't want to file that unless you file the Objection and Motion to Transfer Venue first or else you waive the venue objection.
ok , thanks . arm chair lawyer
No problem, but it is extremely easy to waive your rights if you don't follow the "due order of pleading" on these.
this concerns an agreed divorce
Is the entire case on appeal?
she has appealed the decree and that appeal is still pending
plus she references the decree in her counts
You would file an Objection to Venue and Motion to Transfer Venue and then a Motion to Dismiss based on there not being a final order yet.
you cant have it both ways, can you? Either you disagree w/ it or you dont
transfer to the 418th or to the appellate court
No, there can be an order that you don't agree with and yet you still file a Motion for Contempt on it. However, to be a contempt the order would need to be final.
You would transfer it to the trial court in Montgomery County.
If that's where it is, then the 418th.
are you in houston
No, I'm not.
I;ve done some work there.
i need someone to file these for me . i appreciate your advice that screwing this up could open a can of worms
this has been a messy ordeal. (really???? lol)
You would probably want to hire the lawyer in Montgomery County to file the motion in Houston, it should be pretty simple to get a judge to sign off on an order to transfer without even needing a hearing.
1 last thing and ill lety you go
is there any chance the 312 (houston) will want to hear the case
they punted to the 418 while it was on appeal
no motion has been made to move it back
No, it is unlikely. You would have to transfer the case back to Harris County.
even though it probably never should have gone there
we had hearings for 2 yrs there
ok, thanks bud
happy friday to you
To you as well.
how do i pay you?
give you a good rating?
Yes, if you issue a positive rating then I get credit for the work.
Thanks and best wishes!