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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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DeSoto County, MS. 3 small claims suits: 2 Stokes v Kilmer;

Customer Question

DeSoto County, MS.
3 small claims suits: 2 Stokes v Kilmer; 1 Kilmer v Stokes. First Stokes v Kilmer ended in judgement for Stokes. Appealed by Kilmer. Appeal trial date is earlier than remaining Stokes v Kilmer and Kilmer v Stokes trials. All suits and countersuits concern remodeling work. Is there a motion I can submit that would bring all these into consideration via the appeals trial?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.
Hello. I'll be happy to assist you.
So, two of the three are still at the trial level and the third is in the appeal stage, correct?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Chris T., JD replied 1 year ago.
I'm sorry, but I'm unable to do a live phone call. Would you like to continue with me or use another expert?
Customer: replied 1 year ago.
lets continue
Customer: replied 1 year ago.
“Have appealed 1st judgement against Kilmer. Have submitted discovery to Stokes by court deadline. Received no discovery from Stokes. From my research I believe I can file a Motion for Summary Judgement that contains the following: consolidation of all suits;dismissal of all suits brought by Stokes against Kilmer since there is no contract between Stokes and Kilmer and according to MS. code, Stokes has no legal connection to these suits (the contracts were between Mann Remodeling Services and Linda Kilmer;proof of Unfair and Deceptive Trade Practices (intentional fraud by word and deed)per MS. code;
Customer: replied 1 year ago.
I also seek reimbrusement of monies paid, material and labor costs paid to new contractor to re-do the work, costs accrued for repairs needed to repair damage from Mann Remodeling Service garbage disposal installation (paid $500.00 to professional plumber), court costs, documentation costs and other miscellaneous expenses associated with this project.
Customer: replied 1 year ago.
HELLO---ARE YOU THERE?
Expert:  Chris T., JD replied 1 year ago.
OK. What you are asking are essentially two different questions since there are cases in very different stages of litigation. You can ask the judge to consolidate the cases at the trial levl into one case. Once those cases are disposed of at the trial level, then you can ask the appellate court to consolidate them at the appeals level, assuming you want to appeal. However, you cannot do that until the cases have run their course in the trial court, so you will have to get them to the appeal stage before the court of appeals is ready to move forward on your appeals case or when they will not give you any more extensions. So, my suggestion would be to move to consolidate your two cases at the trial stage level and then file your motion for summary judgment. If it's granted and the other side wants to appeal, then ask the court of appeals to condolidate all three cases.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.
Customer: replied 1 year ago.
The other 2 cases are continuations because the small claims judge wanted to see the outcome of the appeal before ruling. Are you saying present the motion to consolidate when the 2 remaining cases are actually being heard by the small claims court? I must file all motions with the circuit court (appeal) by 7/6/2015.
Customer: replied 1 year ago.
The appeals trial date occurs before the 2 cases in small claims court.
Expert:  Chris T., JD replied 1 year ago.
You will have to ask the court to extend the time in the appeals trial, then finish up the cases in small claims court. If the judge in small claims court won't finish up your cases until the appeals case is finished, there isn't much you can do about that.
Customer: replied 1 year ago.
Okay, so there is no way to get consolidation into the appeals trial by inserting it into a motion for Summary Judgement. Appeal is set for trial late July. I submitted discovery to Stokes by court deadline but received no discovery from Stokes. From my research I believe I can file a Motion for Summary Judgment that contains the following: dismissal of all suits brought by Stokes against Kilmer since there is no contract between Stokes and Kilmer and according to MS. code, Stokes has no legal connection to these suits (the contracts were between Mann Remodeling Services and Linda Kilmer); proof of Unfair and Deceptive Trade Practices (intentional fraud by word and deed) per MS. Code. I also seek reimbursement of monies paid, material and labor costs paid to new contractor to re-do the work, costs accrued for repairs needed to repair damage from Mann Remodeling Service garbage disposal installation (paid $500.00 to professional plumber), court costs, documentation costs and other miscellaneous expenses associated with this project. Am I correct in this use of Motion for Summary Judgement?
Expert:  Chris T., JD replied 1 year ago.
Yes, you can file a summary judgment in that way, but it won't necessarily consolidate the cases on appeal.

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