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Should I file a 2nd Motion to Dismiss or MSJ


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Well I am kind of pissed to say the least.

Yesterday I got in the mail an envelope from the Clerk of The Court. I was excited because I thought the idiots had went ahead an dismissed the complaint since they sent me a letter on Mutual Dismissal back in July.

WRONG! It was an order from the Judge Denying my original Motion to Dismiss that I had filed with my Answers, Responses, Defenses, and Counter Claim I filed back on 6/1/11.

Well after being pissed for a while I re read the order, the friging order was prepared by the Attorney for the Plaintif...WTF?? How in the heck does that happen? did the Judge even read anything that I had filed? or just see the blank order and say hummm I'll just sign this since they were so kind to include it for me. Hell I would have made up a blank order for him to sign for that matter.

So now what can I expect from this good ol' boy system in South Ga.? I guess I should have signed their dismissal letter instead of making stipulations for them. I still have not heard from them.

Any advice on what to do next or what to expect?

1stStep suggested that I refile the Motion to Dismiss, which I can do if I can find one to look at to get some ideas. I searched the forum and google last night but couldnt find anything I thought I could use.

Should I title it, Defendants Motion for Reconsideration on Motion To Dismiss? Or just Motion to Dismiss? I really dont want to piss off the judge any more than I have too, since it seems that he really didn't read any of my answers, defenses, and MTD the first time I submitted it on 6/1/11.

How do I format the motion with memo of points and authorities, declaration of defendant?

Should I MSJ and list in there somewhere that the Plaintiff has sent a letter of Mutual Dismissal, which I still have not heard anything back from them.

Sorry to take my rant out on you all, and thanks for all of your help.

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