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One small win for my Cuz~n~Vin !!

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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 affidavit

It 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. The

defendant attended; the plaintiff did not. After reviewing the record

and after hearing defendant's arguments, the court concludes that the

defendant is raising genuine issues of material fact with respect the

claims 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!

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