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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116735
Experience:  Attorney with over 24 years experience.
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I had a eviction trial. Plaintiff didn't show up and case

Customer Question

I had a eviction trial. Plaintiff didn't show up and case was dismissed. Now the plaintiff has filed an ex parte emergency hearing to have his case heard. Is it in my best interest to show up? Can I contest this action to keep The dismissal current?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your best recourse is show up and object to the motion stating that by their non-appearance it acted as a dismissal with prejudice and that they cannot continue to pursue the same suit. You can also ask the court for damages such as lost income for the time you spent having to appear the last time when they failed to appear and for this time for appearing when it was the plaintiff who caused the dismissal by their nonappearance.

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