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It appears to me that the LL's attorney has much more influence over the judge that does your attorney. This may be due to a personal relationship or due to that lawyer's law firm having donated money to the judge's campaign or for other similar reasons. This type of things are not supposed to happen, but in reality they do; and now a days it is the norm rather than the exception. Your options are: (1) file a complaint with the WV Judicial Investigation Commission using this form. and (2) to appeal the judge's orders that were granted without notice to you or that are otherwise legally erroneous for abuse of discretion.
HERE is the code of judicial conduct that the judge should live by.
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The judiciary committee has no power to change the judge's decisions; only the appeals court can do that. So, there is no harm if you want to wait to file the complaint later.
The denial of your counterclaim has to be appealed once there is a final judgment issued in your case.
If your lawyer filed a motion to dismiss and that was denied [even though he was not allowed to speak at the hearing] then the judge's order denying the motion would also be the subject of an appeal.
If you sued the LL for the missing items and that is the counterclaim that was denied, then you will need to appeal the order denying that counterclaim. But, you could still independently sue the contracting company for civil conversion.
That means there is no way to get the counterclaim in before the trial date in three weeks? CORRECT.
An appeal is filed with the next higher court which is usually termed as "the court of appeals". There, normally a panel of 3 judges decide the case and can reverse the lower / trial court's decision on one or more illegal orders. So, if the appeals court reverses the lower court, then you may be granted a new trial in the lower court.
I think you would greatly benefit from a phone call with me; but there is an extra fee for that.
You can accept this offer at any time. It should remain open and you can always come back to this thread. Once you accept the offer, I will be notified and I usually respond within 5 hours if I am not on-line ; but sometimes it can take up to 24 hours.
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