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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27300
Experience:  Began practicing law in 1992
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Can you file a motion requesting that the judge provide written

Resolved Question:

Can you file a motion requesting that the judge provide written decision that includes findings of fact and conclusions of law for the judge's decisions on motions within a case?

I ask that because I am trying to find law that supports the motion that I am drafting, but O.C.G.A. 9-11-52 appears to only apply to "final" and/or "trial" decisions issued by a judge.

Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

No, the findings of fact and conclusions of law are really only directed to the final judgment.

Dwayne B. :

You can file a motion, but just be aware that the judge isn't required to provide them.

Dwayne B. :

What specific motion are you wanting to request these on?

Customer:

Hi Dwayne B.

Customer:

Thanks for responding

Dwayne B. :

No problem. I think we've worked together before.

Customer:

I would like to file this motion for "findings of fact and conclusions of law" for decisions the judge issued on my: motion for default judgment, motion for sanctions against defendant, motion(s) to compel discovery, and motion to add a party defendant.

Customer:

Yes, I think we chatted before.

Customer:

Quite frankly, the judge has denied every motion I have filed in this case.

Dwayne B. :

You can certainly ask for the judge to do that and make the argument that for the purposes of those motions his order was a final one.

Customer:

Each denial consists of a generalized decision (drafted by the defense).

Dwayne B. :

However, you're not going to be likely to win on the default judgment, sanctions, and motion to compel discovery because those are more of a discretionary choice with the judge.

Dwayne B. :

The denial of the adding a party defendant is a little less sure.

Dwayne B. :

But if you do file them and the judge denies them then you have an appealable point.

Customer:

Well, I have no doubt that the judge has discretion, but my issue is that it is clear that he did not conduct an analysis of the record, he just signed his name on the denial that the Defense drafted for him

Dwayne B. :

There has to be a first case on everything and this may be the one.

Customer:

I already filed a motion for him to recuse himself, but it was denied

Customer:

I mean, in a hearing, when the Defendant's attorney was absent, the judge (not his staff) offered to place a telephone call to the Defendant's attorney

Dwayne B. :

You can argue on appeal that the failure to give specific reasons is equivalent to a denial of due process since it makes it impossible to prepare an effective argument against his decision.

Customer:

Even though the Defendant stated she had her celphone in her car. Then, why not allow her to go and call her attorney?

Dwayne B. :

No idea why that would happen.

Dwayne B. :

That's unusual.

Customer:

Thanks for the arguments, I was considering something along the lines, but I can't find any law to support that.

Customer:

I agree, it is unusual.

Customer:

I let that one go, it happened last year

Customer:

Then, this year in May, at another hearing, he told the Defendant's attorney to "make sure the attorney got a copy of the admissions I made at the hearing". So, in essence, he gave legal advice to the attorney

Dwayne B. :

I don't think you're going to find any law on it but look for due process arguments that you can spin in your favor.

Customer:

I'll argue that it also blocks me from seeking an interlocutory appeal, because I can't argue the basis for his denial

Customer:

The judge also granted the other party fees, but he didn't even bother to explain why/how my motions were frivolous

Customer:

I'm very frustrated here.

Dwayne B. :

That's worth a shot. I think the part about awarding them fees without a complete explanation is worth pursuing because it is "quasi criminal" since you are essentially being punished without knowing why.

Customer:

Thanks

Dwayne B. :

When you do your research use the search term "quasi criminal".

Customer:

Can I ask you another question?

Dwayne B. :

Sure.

Customer:

What about supplementing your responses to discovery?

Customer:

The Defendant filed a motion for summary judgment a month or so ago and I responded,

Customer:

but at the time of my response I didn't receive final judgments on other cases I have against my employer (which involve defendant)

Customer:

and in my responses, I argued that I didn't have a response to those cases

Customer:

do I have a responsibility to supplement my answers to the Defense, now that I have the final decision(s) in those cases? I mean, I am drafting my appeal for those cases, but I'm afraid the Defense is going to use it to say that I had no case in those cases (which is what they are already arguing).

Dwayne B. :

Yes, you have an ongoing duty to supplement any answers which become incorrect or change between the time you answer them and the final hearing on the matter. If the judge has already issued a final judgment on the case and you are about to appeal then there wouldn't be a duty since the judgment has been issued but if you still have any type of hearing left you would have to supplement.

Customer:

Well, I will supplement them, but I will do it only after I have finished submitting my appeal on those decisions. Because, yes, in my response to the summary judgment, I did state that any final decision was subject to appeal.

Dwayne B. :

It's always safer to supplement.

Customer:

I think they are waiting for me to supplement my response, because last week they held a hearing on the summary judgment, but I have yet to receive the judge's decision on it.

Customer:

I wasn't there at the hearing.

Dwayne B. :

Anything else I can assist with before I exit to help others?

Customer:

No, thank you so much. I appreciate your help.

Dwayne B. :

You're very welcome.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

Bye!

Customer:

Yes, I will. Thanks

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27300
Experience: Began practicing law in 1992
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Dwayne B.
Dwayne B.
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27300 Satisfied Customers
Began practicing law in 1992