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I GOT MY FILE FROM ATTORNEY. AND FOUND MOTION TO DISMISS WITH…

I GOT MY FILE FROM...
I GOT MY FILE FROM ATTORNEY. AND FOUND MOTION TO DISMISS WITH PREDJUICE,DATED AND FILE STAMPED BY CLERK AND DEPUTY SIGNED IT, 9-4-2009.. WHY IS THE CASE GOING FORWARD, WHAT CAN I DO TO STOP IT NOW I FOUND IT. AS IT WAS NOT IN COURT DOCUMENTS I PULED MONDAY..ALL OF FILE IN CASE.. AND IT WAS SENT TO MY PREVIOUS ATTORNEY AND PLAINTIFF ATTORNEY.. IF DISMISSED , WHY IS THIS STILL GOING ON ? WHAT CAN I DO ?
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Answered in 5 minutes by:
11/1/2012
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,957
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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If the motion was filed and stamped, you need to present that motion to the court showing it WAS indeed received by the clerk and thus is a pending motion that needs to be ruled upon. If there is an order in the attorney's file showing the court ruled dismissing it that is even better because legally the case cannot go on as it was dismissed and you need to file a motion for a ruling on the pending motions and you need to attach a copy of the stamped motion to dismiss. If there is an order in your attorney's file, you need to file another motion in court to enforce the prior order and attach the order of the court showing it has been dismissed with prejudice and stating the case has been res judicata (already decided).

This makes absolutely no sense, since if a court has ordered a case dismissed with prejudice this court has no right to continue on with the case by law. If this court issues ANY judgment in the case, you have immediate grounds to appeal as the court had no jurisdiction on the case.


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Law Educator, Esq.
Category: Criminal Law
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Customer reply replied 5 years ago


there is nothing pending now.. so do I send a certified copy to the judge.

You would file a motion to enforce order with the clerk with the copy of the order dismissing the case and that would go to the judge. In your motion to enforce order, you would state the court has already dismissed with prejudice and as such the court has no further jurisdiction.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,957
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 5 years ago

Thank You.. I appreciate a honest answer.

Thank you.
Law Educator, Esq.
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