My~Cuz~n~Vinny~ Posted August 22, 2012 Report Share Posted August 22, 2012 Thank you all !!I have an MSJ denied against the Plaintiff. Judge ruled his decision was a non arguable matter. He told me he had read my objection and my affidavit in opposition to plaintiffs affidavitIt helps that the attorney was a no show at the MSJ they marked with the court as ready. I think they kinda baited me at first. They RE filed their MSJ from 3 months ago and the court sent papers to tell me that I had a date to argue against the Motion. I asked the clerk of courts what it meant and did I need to show Since I got nothing from the attorney about take papers or Ready.The clerk said they had not marked it at all. 9 days later they AGAIN RE filed their MSJ and this time marked it as ready.Looking at the court calendar it appears they had other cases that same day as the 1st refile date. Which I did not attend. I think they were trying to see if I was going to show up in court when I really did not need to. So then they figured that since I didn't show up for the first one(which I didn't need to) then I probably wouldn't show up for their 2nd re file. That way they would win MSJ by default for my non appearance.A hearing was conducted in this matter on xxxx,xxx,xxxv. Thedefendant attended; the plaintiff did not. After reviewing the recordand after hearing defendant's arguments, the court concludes that thedefendant is raising genuine issues of material fact with respect theclaims contained in both counts (Count 1 default on credit account,Count 2 account stated) of the plaintiffs complaint. That circumstance precludes disposition of the case on summary judgment.. Accordingly, the plaintiffs motion must be denied. Thanks to all here who helped me study the law of the land! Link to comment Share on other sites More sharing options...
racecar Posted August 22, 2012 Report Share Posted August 22, 2012 vinny vinny vici Link to comment Share on other sites More sharing options...
Beergoggles Posted August 22, 2012 Report Share Posted August 22, 2012 good job! Link to comment Share on other sites More sharing options...
Cat123 Posted August 22, 2012 Report Share Posted August 22, 2012 WONDERFUL!I would really like to read your objection. Link to comment Share on other sites More sharing options...
ladyhunter Posted August 22, 2012 Report Share Posted August 22, 2012 Woohoo!!! Great job! Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted August 22, 2012 Report Share Posted August 22, 2012 Looks like they pulled the trigger on their biggest gun and got a misfire. Maybe it's time to hit them with your own MSJ. Link to comment Share on other sites More sharing options...
BV80 Posted August 22, 2012 Report Share Posted August 22, 2012 Congratulations! ♫ Another one bites the dust! ♫ Link to comment Share on other sites More sharing options...
DaFish Posted August 23, 2012 Report Share Posted August 23, 2012 XLNT!! Link to comment Share on other sites More sharing options...
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