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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3749
Experience:  Experienced in both state and federal court.
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i have a plaintiff civil case against 21 defendants , all

Resolved Question:

i have a plaintiff civil case against 21 defendants , all have filed for motions to dismiss , if civil court judge grants motions to dismiss with prejuduce, is that discretionary abuse ..
then i can no longer file suit..???
Submitted: 11 months ago.
Category: Legal
Expert:  Chris T., JD replied 11 months ago.

Chris T., JD :

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

Chris T., JD :

If a judge grants a motion to dismiss on a particular claim, with prejudice, that claim is legally settled and cannot be brought again. Think of it similar to double jeopardy. That doesn't mean you can't appeal the judge's decision to dismiss or his decision to dismiss with prejudice.

Customer:

i have a collateral appeal in a criminal case where i never plead guilty of battery on a leo..the stat judge steve s stephend fraudulently placed guilty on my record when it is 100 % clear i never plead anything .. on transcripts .. i the plea of guilt is a fraud ...thetranscipts are clear ..

Chris T., JD :

OK. Your criminal appeal and your civil case, while related, are separate. In other words, an adverse ruling in your criminal case won't impact your civil case and vice versa.

Customer:

i had to file the civil case within 2 years statutues while criminal appeals was purposefully delayed 2 years to put me in this position..i am pro se.. explain more adverse ruling ..if appeals grants me my motion to withdraw the plea of guilt..i never made.. can i go back to civil and re sue??

Chris T., JD :

If you didn't file within the statute of limitations on the civil case, no. If you've missed your window, there isn't a way to get it back.

Chris T., JD :

The reason is that your civil case and your criminal case are separate in the eyes of the law.

Customer:

i did file civil well within the 2 years statutes , so i can refile civil case or haVE TO only appeal it ... when my criminal case is reviewed, retried ,say in 6 months and i am found not guilty .. what comes first ??

Chris T., JD :

The 2 year statute of limitations is tolled (paused) while the case is pending. So, if you are still within that window, you could refile, assuming it was not dismissed with prejudice in the first place.

Chris T., JD :

If it was originally dismissed with prejudice, you can't refile.

Customer:

what charges do i have up to date./.it is unclear 48.00 or more..just to be clear?? i have asked several??? how does this work?? cost wise.. i have many ????

Chris T., JD :

It is one charge for this entire chat. Once you "rate" this answer, you will only be charged the $48 once.

Customer:

thanks kevin tampa .. is civil appeals same as criminal. ???? .automatic 30 day appeals in civil case in florida appelant court to any civil appeals or are there limitations in civil appeals ?? thanks kevin i feel i have my 48.00 worth ..please answer ??

Chris T., JD :

Yes, the time to file a notice of appeal is the same in a criminal case as it is in a civil case.

Chris T., JD :

Do you have any questions?

Chris T., JD :

If so, feel free to ask. If not, please remember to "rate" my answer using the set of faces below.

Customer:

yes one last ??? THE 21 DEFENDAN TS ARE FILING MOTIONS TO DISMISS THEIR CASE , BECAUSE THEY SAY I PLEAD GUILTY TO BATTERY ON LEO AND THAT I CAN NOT SUE FOR ANYTHING PERTAINING TO THAT ??? IT IS CLEAR I NEVER PLEAD GUILTY ..TRANSCIPTS OF THAT PLEA COLLOQUOT IS 100 % CLEAR.. OR I HAVED 51 CAUSES OF ACTIONS AGAINST THEM IN SIMPLE LANGUAGE

Chris T., JD :

OK. All you need to do is file a response to their motion to dismiss explaining that you did not plead guilty, and attach the relevant transcript. That should make it fairly simply for the judge to deal with.

Customer:

CHRIS THANKS XXXXX ..

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3749
Experience: Experienced in both state and federal court.
Chris T., JD and 18 other Legal Specialists are ready to help you

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