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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32595
Experience:  Began practicing law in 1992
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HI I was just served a summons to appear at a contempt

This answer was rated:

HI

I was just served a summons to appear at a contempt motion in harris county tx, (houston)
It was filed pro se.

This case was moved to 418 in Montgomery County nearly 5 years ago.

One other pertinent fact, she has also appealed the (agreed) divorce and that appeal is still pending.

Is this not just a slam dunk quash for lack of jurisdiction?

greg

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

You would file a Motion to Transfer Venue since it is not in the correct court.

Customer:

i dont want to transfer it. i want to quash it

JD 1992 :

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.

JD 1992 :

You also don't file to quash a Motion for Contempt.

JD 1992 :

If you are challenging it you file a Motion to Dismiss.

JD 1992 :

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.

Customer:

ok , thanks . arm chair lawyer

Customer:

ok

JD 1992 :

No problem, but it is extremely easy to waive your rights if you don't follow the "due order of pleading" on these.

Customer:

this concerns an agreed divorce

JD 1992 :

Is the entire case on appeal?

Customer:

she has appealed the decree and that appeal is still pending

Customer:

yes

Customer:

plus she references the decree in her counts

JD 1992 :

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.

Customer:

you cant have it both ways, can you? Either you disagree w/ it or you dont

Customer:

transfer to the 418th or to the appellate court

JD 1992 :

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.

JD 1992 :

You would transfer it to the trial court in Montgomery County.

Customer:

418

JD 1992 :

If that's where it is, then the 418th.

Customer:

ok

Customer:

are you in houston

JD 1992 :

No, I'm not.

JD 1992 :

I;ve done some work there.

Customer:

i need someone to file these for me . i appreciate your advice that screwing this up could open a can of worms

Customer:

this has been a messy ordeal. (really???? lol)

JD 1992 :

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.

Customer:

1 last thing and ill lety you go

JD 1992 :

Sure

Customer:

is there any chance the 312 (houston) will want to hear the case

Customer:

they punted to the 418 while it was on appeal

Customer:

no motion has been made to move it back

JD 1992 :

No, it is unlikely. You would have to transfer the case back to Harris County.

Customer:

even though it probably never should have gone there

Customer:

we had hearings for 2 yrs there

Customer:

ok, thanks bud

Customer:

happy friday to you

JD 1992 :

To you as well.

Customer:

how do i pay you?

Customer:

give you a good rating?

JD 1992 :

Yes, if you issue a positive rating then I get credit for the work.

JD 1992 :

Thanks and best wishes!

Customer:

night.

Dwayne B. and 10 other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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