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Recent Summary Judgment questions

Ray only please... Ray! Same case-I have a question

Ray only please...Hi Ray!Same case-I have a question regarding discovery.(Please note-Hearing is Friday June 23)I would like to confirm:As plaintiff, my suit is against the non-profit corp (board fraudulently terminated corp with Sec of State Feb 2016) and suit is for the three board members actions as a board, as well as them individually.• I requested discovery to the corp and individually to the (3) board members.• The corp did not answer original petition.• The 3 board members have no corporate attorney.• As per 11.356 & 11.357 of the BOC, during limited survivability, the board is responsible to protect and defend the corp for 3-years.Defendant's response to discovery:Group A: one board member did not answer and he did not obtain attorney (we filed motion to compel and have 2nd motion to compel in court this week)Group B:• two of the board members obtained an attorney-individually• (they provided disclosure, admissions & interrogatories-BUT NO PRODUCTION) we filed motion to compel• On June 18, Attorney told us he we would give us defendants production documents unless we exchanged documents at the same. On same day June 18-their attorney requested discovery. This would deny our right to 30-days for discovery.• On June 24, to evade discovery their attorney filed no-evidence summary judgment• Additional Note- their attorney did not answer questions very well, many duplicated generic non-answers in admissions and interrogatoriesPlease answer my questions:1. Is it true as per 11.356 & 11.357 of the BOC, this board must provide discovery to us? We want and need this discovery as many documents are needed for us to substantiate our case. Most of their actions and meetings were undisclosed and members knew nothing of what they were doing. Simply obtaining a default with corp at this time is not helpful to us.2. How can these three board members answer for corp without an attorney? Can they be forced to hire an attorney to deal with these corp issues?3. Is there anything I can do or file for their discovery answers: (their attorney did not answer questions very well, many duplicated generic non-answers in admissions and interrogatories)4. What other thoughts can you offer or advice for us in front of the Judge, how do we argue.

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Ray

Lawyer

Doctoral Degree

45,084 satisfied customers
In a wrongful foreclosure case, I have several claims but

In a wrongful foreclosure case, I have several claims but want to file a MSJ on one or two of them. If I am successful with the MSJ on a condition precedent claim (paragraph 22 of the DoT) will that essentially dismiss the whole case (without prejudice)?

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Ray

Lawyer

Doctoral Degree

45,084 satisfied customers
I need help with an Ejectment Complaint. How would I find

I need help with an Ejectment Complaint. How would I find the attorney to handle that and how do I know what it would costJA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: How is the cost determined?JA: What state are you in? It matters because laws vary by location.Customer: Florida - OrlandoJA: Has anything been filed or reported?Customer: Yes - In the middle of the pleadingsJA: Anything else you want the lawyer to know before I connect you?Customer: How am I charged?

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554 satisfied customers
I am giving a written answer to a civil a civil matter where

Hi I am giving a written answer to a civil a civil matter where Cach LLC is suing me for a debt I have proof that has been paid. Scott Lowery settled my debt and owns Cach LLC. I was wondering if their is a legal term along the lines of double jeopardy where companies try suing for monies already paid? Or is this fraud? Thank you.JA: Can you tell me what state the LLC is registered in?Customer: Cache LLC is out of Colorado but hied an attorney here in FLJA: Has anything been filed or reported?Customer: Yes. I have ten days to write my defense to the court.JA: Anything else you want the lawyer to know before I connect you?Customer: No, that is all.

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Ely

Counselor at Law

Juris Doctor

69,914 satisfied customers
We (3 people) just received today June 6th, a form no 353-3

Hi,We (3 people) just received today June 6th, a form no 353-3 citation (all 3 combined in the same citation) from Mary Kay Inc filed in court in the state of Texas on June 2nd for selling products online. We have 20 days to respond. Is this something you can help us with? We were in the Mary Kay system in the past but Mary Kay terminated our contracts in 2012 and 2015. At the end of last year, a legal firm named Vorys, Sater, Seymour and Pease LLP sent letters to many online sellers to stop selling their products. We still had inventory listed then, they bought items from us and now we got this citation.

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2,126 satisfied customers
I have rented a house in Pasco County for the last few

I have rented a house in Pasco County for the last few years. The property has been in foreclosure for all this time. Now it appears from pleadings that have been filed that the foreclosure action is coming to an end. Assuming the Plaintiff get a Summary Judgment, how much time do I have by law to vacate the premises? I am assuming the Plaintiff/bank is going to want us out. Please help with whatever info you can?JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: Florida. Yes. Beaucoup. Most recent being a Motion for a Summary Judgment, and an Affidavit as to attorneys fees.JA: Has anything been filed or reported?Customer: Yes, the whole foreclosure proceding.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,794 satisfied customers
We are in a black and adverse land possession case - the

we are in a black and white adverse land possession case - the plaintiff has Nothing - I want my day in court to explain to the judge & jury what we have been through. My lawyer has requested a summary judgement - filed after the interrogatories - do we have to go through with the summary judgement (motion hearing scheduled for Weds) or can I get my day in court. We are in Maryland. this is definitely a fleecing of the middle class with what we have had to spend. Would the judge look less favorable on us and our lawyer if we don't go through with the motion?

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Ely

Counselor at Law

Juris Doctor

69,914 satisfied customers
Ray If I attach a couple documents in addition to the one I

Hi RayIf I attach a couple documents in addition to the one I attached earlier (Supreme Court ruling),and request a phone call to discuss a few questions, would you personally be my phone contact, and would you mind giving your opinion?

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Ray

Lawyer

Doctoral Degree

45,084 satisfied customers
I'm defendant in partition suit. I'm ready to apply for a

I'm defendant in partition suit.I'm ready to apply for a writ of mandamus/prohibition and I fit the criteria.(circuit court bias on record throughout)I've already been to Supreme Court (petitioned on a circuit court interlocutory ruling in 2014), and they stated in part,"we find that the language at issue evidences an intention that petitioner, as executrix,be accorded substantial deference in how she interprets the decedent's will.See Moore v. Harper, 27 W.Va. 362, 373 (1886) (it is well settled that courts accord deference to "[t]he power of the testator to provide in [her] will the mode andmanner of its interpretation and the force and effect of such interpretation.")....Thus, we find that petitioner is free to continue to argue that her interpretation of the residuary clause should be accorded deference as long as that interpretation is neither inconsistent with the clause's language nor contrary to law."Moore v. Harper also states in part:"A testator provides in his will that a certain person therein named shall decide all questions, which may arise among his devisees...and that the written opinion of such person shal be final and conclusive among the parties."(The will plainly states that I am to have final say.)Circuit judge agreed (transcript) he must follow this and my 25 pg opinion memorandum, but continues to ignore the will, the supreme court, my opinion memorandum & my following motions containing abundant law.(2 more years of unsuccessful court-ordered mediation, trial deadlines changed, etc...) Judge just disclosed after 4 years that the plaintiff lawyer is his cousin...Trial scheduled for mid-September.Last month the Plaintiff motioned for summary judgment with generic case law.I opposed within 10 days, again with abundant case law for our actual case at hand, that plaintiff cannot partition.(Plaintiff didn't contest will with specific provisions, accepted benefits under doctrine of election, and now cannot partition in a trust w/spendthrift provision, etc.)Today judge's memorandum decision/order was entered.He said he wasn't making a decision,but in effect he did again rule for plaintiff, allowing plaintiff to continue and get 3 commissioners by June 23 to hold hearing to decide on partition type.Now the Writ is ripe to seek. I'm familiar with the Appellate Rules to proceed.Here's the question:What is the protocol at the circuit level now, to make sure I follow correct procedure?Must I first make one last motion to amend this circuit order?(he had no finding of fact or conclusion of law, as usual)Do I inform judge that I am going for the Writs? Do I ask for a stay?

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Ray

Lawyer

Doctoral Degree

45,084 satisfied customers
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