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Drat...motion for summary judgment

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Original justice court case dismissed without prejudice b/c plaintiff did not show up to pretrial, but the scumbags are back, having filed a motion for summary judgment. Interesting: the court dismissed the case w/out prejudice on a Wednesday.

Today, I got a letter through the mail from Scumbag atty with copies of a motion for summary judgment filed with the court - and the notarized affidavit and motion for summary judgment documents are dated the very next day after my case was dismissed. They filed a motion for summary judgment the very next day after my case was dismissed....this makes no sense to me.

So - they want me to call them if I want to avoid further court appearances, and their kind letter says an agreed resolution of this matter would be in the best interest of all parties in this case.

Not a lawyer - but how can they file a motion for summary judgment after dismissal of the case? I know the dismissal was w/out prejudice, but wouldn't they have to file a new lawsuit? Even the date on their letter reflects that the motion for summary judgment was filed the day after dismissal of the case at JC pretrial.

Your expert opinions? ;) Many thanks!

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It could be the same thing as mine. My case was dismissed and 5 days later

they file for cont. of pre-trial on 5-3-07. We go to the court house and they tell us case is still dismissed but because the attorney is in cincinnati it

sometimes takes longer to get to dayton and file. They may have filed it before your court date but its just now reaching the court house to be filed.

Keep check on the internet municiple court sight and call to make sure.

Dont stress like I did. GOOD LUCK

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That's really odd...the motion is dated the day after my case was dismissed, and it was dismissed without prejudice because they didn't show up at the first pretrial hearing that was scheduled. They had to know the case would be dismissed. I'm banking they realized their flub and filed a quick motion hoping the dates would somehow get lost in the shuffle? Or are they able to file motions after a case has been dismissed? Just doesn't make sense to me. ;)

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cjtx, Recovering...

Thank you so much. I'll do just that. ;)

Thank you all for the sound advice you always give.

What's weird is that they didn't even mail me my copies of the goofy motion for summary judgment until day before yesterday. The postmark on the envelope is dated day before yesterday. Sheesh, these scumbags. ;)

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