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I have been denied a motion for intermediate relief on something

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that my motion was not...
I have been denied a motion for intermediate relief on something that my motion was not using to 'grant' my motion but to only support that I was going to be injured by it by it's reinforcement... by "force" if necessary. Motion was pursuant to Kentucky CR 76.33. The appellate court erred and denied this because my motion was mainly seaking protection because the complaint is void, and the sale was done under this VOID JUDGMENT... should never have happened until the court dealt with the juris challenge. The court clearly lacked and was 'deprived' of jurisdiction but continued (no competent fact witness). I went to court my first appearance and motioned to amend the POS answer my x attorney put in and I Motioned the Court to Amend and the judge denied as he said "because I don't have an attorney present" NO legal support... and a major voilation of due process clause from him right out of the gate. I have MANY violations of due/process like this, multiple occurrences of the 'appearance' of bias to say the least. I adminted nothing and challenge jurisdiction "that very same hearing" was done properly/papers filed because he was trying to get me to admit things... I admitted nothing... all is good there! I objected, then judge claimed full complete juris (didnt' think he had the right to do that and it was not correct... it takes more then my house being in this county and me signing for the complaint! - NOTHING is on the face of the record re juris), I filed my Challenge... 30 days to come in and prove juris since they are the asserter... they never showed up... I put in an affidavit of no contest and non response... should have been over. Well this judge is acting like the prosecutor, ignored that challenge to juris and continued the process even though I objected etc. Filed motion to vacate based on the lack of juris... you guessed it... he ignored it - at the hearing he denied it again giving to legal authorities or support, I even objected to the hearsay evidence (a deficient affidavit (business record) being used to prove as truth what it states... doesn't pass the hearsay exceptions. I went over this... mentioned his ruling was based on hearsay and he said "YOUR RIGHT... motion denied". Then I filed a Motion to Reconsider... giving him his last chance to actually allow me to speak and hear my case... and he ignored that too... and granted writ of possession under a VOID judgment. Even after all this was on file/affidavits to seal the none response and the lack of jurisdiction, they still sold my home under this void judgment - well I motioned appellate ct with motion for intermediate relief and they denied it cuz I didn't object to the sale?!?!?!? My objections were already ON record and on file "BEFORE" the sale and the judgement was void ab inito... sale shouldn't have been done and the appellate court using that to deny is looking into the merrits of the case for which that do not have juris to do if the trial court didn't (from what I gather... thats the law and that their only duty is to vacate). SO here is now my question... I wish to do a Petition for a Temporary Injunction and since it is a void judgment... the appellet court erred in it's discretion to even look at the merrits of it... now they say I can't come back on that cuz I didn't answer in 10 days... but... I think this appellate judge gave me the right answer in that now I can seal the next decision by the Petition for Temp Injunction if done correctly. Then Motion for Perm Inj. BUT I gotta put this one in right. I have due process clause voilations AND the void judgment issue which I went through all the steps. I filed the challenge... gave 30 days, they didn't prove it up... filed affidavits of none response... had a hearing for my Motion to Vacate the void judgment then finally the Motion to Reconsider. This judge censored me at ever second... he didn't want me speaking and basically told me I could read 'anything' that was already in the record even though I was stating that it pertinent to the outcome... he told me NO It's NOT GOING TO HAPPEN.
Submitted: 4 years ago.Category: Legal
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8/21/2013
Lawyer: Andrea, Esq., Attorney replied 4 years ago
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Hi, my name is XXXXX XXXXX I will be assisting you. If I have not answered your question, please let me know and I will be glad to explain further.

 

 

I have read your post, but did not see a question. What question may I Answer for you?

 

 

 

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Customer reply replied 4 years ago

How do I effectively put a/build a Petition for INJUNCTION based on that info I gave to stop this fraud/shame

I was denied due process

 

The judgment rendered is void and he continued to adjudicate and injure me

The judge abused discretion/ignored my motions fully and legally supported/and flat out was biased against me

 

Customer reply replied 4 years ago
Relist: Answer came too late.
1/2 hour went by and nothing
Lawyer: Andrea, Esq., Attorney replied 4 years ago

Dear Roy,

 

An Injunction is an "equitable" remedy and equitable remedies are granted when a remedy "at law" will not compensate an individual for his loss. For example, an equitable remedy is granted when monetary damages will not restore the Petitioner to his previous position, nor make him "whole"

 

A Petition for an Injunction whether temporary or permanent, is drafted in the same way other pleadings are drafted, i.e., in numbered paragraphs with each paragraph containing only one sentence.

 

You would start in the usual way,

 

"Petitioner (Your Name) as and for his Petition for a Temporary Injunction, respectfully alleges and avers the following;

 

1. Petitioner is _____________ and resides at ____________________

 

2. Respondent is Name of entity who you want to enjoin from doing something

 

3. Etc.

 

 

 

To draft an effective Petition for an Injunction, you must convince the Court that monetary damages will not compensate you for your imminent loss and you would do that by alleging:

 

1. Facts which can be substantiated and are not based on speculation

 

2. You must allege that irreparable and imminent harm will result if the injunction is not issued

 

3. Explain what the irreparable harm to you will be

 

4. There is no adequate remedy at law and that an award of money damages will not be sufficient to compensate you for your loss;

 

5. The harm to you if an Injunction is not granted is greater than any harm to Respondent

 

6. You will be substantially prejudiced if the Injunction is not granted

 

 

Each County has their own local rules to which we do not have access, so it would be a good idea to call the Clerk of the Court, tell them that you are filing a Petition for a Temporary Injunction with a proposed Order and you would like to know what else must be attached to the Petiion and how many copies you should file. A "Proposed Order" is the Order you want the Judge to sign when your Petition is granted,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

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Customer reply replied 4 years ago
Relist: Other.
I know what it is... I wanted to know how to use it
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Andrea, Esq.
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
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