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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116755
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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If a civil suit is filed with a motion for summary judgment

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If a civil suit is filed with a motion for summary judgment and the motion is denied and the case deemed non-final disposed, what does that mean? And if as part of his judgment the judge directs the plaintiff to file any complaint within 30 days but he does not do so, does that mean the case is closed?
It means that the case is going to continue on. The summary judgment was a request to terminate the case one way or another and denial of the summary judgment means the case continues through to trial. I am a bit confused as to what you mean the judge ordered the plaintiff to file any complaint within 30 days, do you mean file any appeal within 30 days? If so that does not mean the case is over, it means that he did not appeal the summary judgment, but the case still goes on towards trial.

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Customer: replied 5 years ago.
so why is it listed under disposed cases and not active then? that's where i get confused.
Customer: replied 5 years ago.
hi... thanks for responding.. i am jsut wondering why it is listed under disposed cases and not active? that is the part that i am confused about..
Without reading the summary judgment or the order I do not know. I do not know what was disposed of, from what you said above it sounds like only the summary judgment motion was disposed of by being denied.
Customer: replied 5 years ago.
I;m sorry... I think I haven't made my point clearly enough for you to answer properly. It appears that the lawyer tried for summary judgment without even submitting a proper complaint. I guess the whole thing was botched..not really sure. It was a motion for summary judgment in lieu of a complaint. It was denied and the judge added that accordingly the plaintiff shall file and serve a complaint within 30 days of the order. The case is listed as disposed. I don't know of any complaint every being served or submitted. This goes back 3 years ago. (sorry... last question)
Okay, I see, yes, it is pretty much improper to file a summary judgment without filing any complaint and as such if the summary judgment was denied and the plaintiff never has filed a complaint against you then the case is over if they did not file any suit against you. That is why it was disposed of and why it is listed as disposed in the court record.
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