donqII Posted September 5, 2010 Report Share Posted September 5, 2010 Briefly.A court order was written granting a summary judgment.This court order which reads (copied and pasted) ORDERWHEREFORE, the above-styled case having come before this Court on Plaintiffs Motion for Summan' Judgment. This Court finds that there are no genuine issues of material fact and Plaintiff is entitled to Judgment as a matter of law. Furthermore, the damages sought by the Plaintiff are liquidated. It is herebyORDERED that Plaintiffs Motion for Summan' Judgment be granted, and further ORDERED that Plaintiff be awarded a Judgment against the Defendant. Yes...It says Summan not Summary.But this was written and entered at the courthouse BYthe attorney for the Palintiff... the same day that they motioned forsummary judgement.The judge signed this 3 months later with their signature,and at the very top is a stamped area that reads filed in this office, this date of... and again 3 months after.Is this normal, or should it be included in the Motion to Vacate, and my Motion to Stay wage garnishment. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 5, 2010 Report Share Posted September 5, 2010 Usually, the attorney for the side that won submits an order to the judge for the judge to sign. Most of the time, they are written up by paralegals. As for the 3 month period, I would guess that it is normal, especially since state budgets have dealt a severe blow to the courthouse staff. It is normally the court clerk who signs the order in the judge's name.Many court papers have spelling errors, even those going back to the beginning of when the courthouse started operating. Most of the errors are considered typos and if the meaning of the order is clear, then the error is not severe enough to be thrown out.I would not try to attack this order because everything seems to be on the up and up. Link to comment Share on other sites More sharing options...
chuckygee Posted September 5, 2010 Report Share Posted September 5, 2010 Ditto, what Whocares1000 says. The typo will not have any effect on the meaning or validity of the order. It is normally submitted by the attorney that filed the motion, just waiting for the judges signature. Link to comment Share on other sites More sharing options...
donqII Posted September 5, 2010 Author Report Share Posted September 5, 2010 Thanks for the quick replies. Link to comment Share on other sites More sharing options...
BTO429 Posted September 6, 2010 Report Share Posted September 6, 2010 If you point out the miss spelling and make a fuss about it all they have to do is submit and order to the court to correct the mis spelling. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 6, 2010 Report Share Posted September 6, 2010 This is 100% normal. Link to comment Share on other sites More sharing options...
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