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NY/FL LAWYER A JUDGE GRANTED A MOTION TO DISMISS AFTER A HEARING,

Customer Question
NY/FL LAWYER A JUDGE GRANTED A...
NY/FL LAWYER
A JUDGE GRANTED A MOTION TO DISMISS AFTER A HEARING, THE ORDER READ "GRANTED"
I FILED AN APPEAL, THEY SAID TO FILE THE APPEAL I NEED A "FINAL ORDER"
I CALLED THE JUDGES OFFICE TO FIND OUT AND SHE BRUSHED ME OFF
Submitted: 8 years ago.Category: Legal
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Answered in 6 hours by:
6/19/2010
Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

 

Thank you for your new question.

 


An order granting a motion to dismiss is a final order. I do not know why it would not be accepted
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Customer reply replied 8 years ago
order sent by the judge was submitted with the appeal, the court returned it saying non appealable, non final order, 30 days to produce final order
Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
I am going to opt out as I have never heard of such a thing. I will open the question for another expert
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Lawyer: Joseph, Attorney replied 8 years ago
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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Good morning! I'm an attorney in Central Florida and I may be able to help out here. Before I try to assist, please tell me more about the situation:

  • What was the case about?
  • What was the basis of the motion to dismiss?
  • What does the order state?
  • When was the hearing held?

Thank you.

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Customer reply replied 8 years ago

1 breach of contract

2. i sued personally as the successor of the corp breached,

dismiss on basis of

court has no jurisdiction,

complaint fails to state cause of action

complaint for declaratory jufgement, breach of contract, quantum meruit/unjust enrichment contradict

no relationship with plaintiff (corp)

 

3 "granted"

 

4 mar 18th 2010

Lawyer: Joseph, Attorney replied 8 years ago

Just a couple more questions...

 

The order said nothing more than "granted"? There was NOTHING else?

 

Why did the defendant state that the court lacked jurisdiction?

 

Thanks!

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Customer reply replied 8 years ago

The complaint fails to state a cause of action for which relief may be granted and additionally this court lacks subject matter jurisdiction over the dispute and, therefore, the complaint should be dismissed. as no amendment to the complaint can cure the deficiencies in the complaint, the complaint should be dismissed with prejudice

 

just "granted" nothing elset

Lawyer: Joseph, Attorney replied 8 years ago

Thank you for the additional information.

 

My first thought was to file a motion for rehearing with the trial court. Such a motion essentially asks the trial court to reconsider its decision. However, with the hearing having occurred over a month ago, the time to file such a motion has run.

 

The order granting the motion to dismiss should certainly qualify as a final order. I would suggest one of two avenues to pursue.

 

As to an appeal, since the appellate court has indicated that the order is not a final order, you could file a motion to clarify with the trial court asking the court declare that the order is of a final nature.

 

Alternatively, and perhaps more prudently, you could file a new complaint. Whatever issues were addressed in their motion to dismiss, simply re-draft your petition to correct those deficiencies. I suggest this method as it keeps you at the trial court level which is generally cheaper, quicker and easier than the appellate court level.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

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Lawyer: Joseph, Attorney replied 8 years ago

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
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