OT - Our Court Date Results
#11
  Re: (...)
<<<<banging sound of a gavel>>>>>>

Case Dismissed! ...with prejudice!

What does this mean? We showed up with all our evidence. The subcontractor did not show up. The case was dismissed but may be brought again if the Plaintiff can show good cause why did not show up the first time. However, he must pay again and resubmit his case. But in the eyes of the court he looks like an a$$ for not showing up.

We would have won anyway. We were very prepared and had every receipt and check. All the original bids, invoices and correspondence. He didn't stand a chance.

Now I can start the summer. Things only get less complicated from here on out.
"Time you enjoy wasting is not wasted time."
Laura
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#12
  Re: OT - Our Court Date Results by luvnit (
I think I hid behind a rock at some point...was this in connection with your kitchen remodel, Laura? Glad it's looking like you're o.k. AND you have the beautiful kitchen to boot.
Retired and having fun writing cookbooks, tasting wine and sharing recipes with all my friends.
www.achefsjourney.com
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#13
  Re: Re: OT - Our Court Date Results by cjs (I think I hid behind...)
From WikiAnswers:

What does Dimissal with prejudice mean?

A "dismissal with prejudice" means you cannot bring an action again if it is based on the same set of facts. ("Bring an action" is the technical term for "sue".) The "with prejudice" phrase means that your action is dismissed--thrown out--gone, and you may not refile it. This contrasts with a "dismissal without prejudice," where, though your action has been dismissed, you may bring another action based on the same set of facts. Usually, dismissals without prejudice occur when there is some technical problem with the action, but which the court still believes has merit.

Examples of technical problems which might lead to a dismissal with prejudice include:

Your failure to allege, in writing, certain facts without which the claim cannot go forward; Your failure to properly "serve" the defendant with process; in other words, you have not had a neutral party hand the proper documents to the defendant in the proper way;You have not filed your case in the correct court.

A "dismissal with prejudice" does not necessarily mean that your action is or was without merit. For example, if you have filed your action past the statute of limitations (usually three (3) years), no matter how much you deserve relief, the court will refuse to hear your case. This is to prevent you and other plaintiffs from "resting on your rights"; courts want actions brought right away so the witnesses' memories are fresh and also to fulfill the Fifth Amendment's requirement that trials be "speedy."
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#14
  Re: Re: OT - Our Court Date Results by HomeCulinarian (From WikiAnswers:[br...)
I was behind the rock with Jean, what court case?
Theresa

Everything tastes better Alfresco!
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#15
  Re: OT - Our Court Date Results by luvnit (
Laura that's really great news! Deserves a icy cold gimlet tonight to celebrate!
You only live once . . . but if you do it right once should be enough!
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#16
  Re: OT - Our Court Date Results by luvnit (
Congrats, Laura! It pays to keep every little slip of paper, document, document, document-now get into that great kitchen and cook!!

PJ
PJ
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#17
  Re: OT - Our Court Date Results by luvnit (
Yes, this was about our kitchen remodel.

The electrician filed suit in conciliation court because he was only partially paid. The contractor had been paid, but filed for bankruptcy for anything else that he owed. We did have proof that we had paid the contractor in full, plus an additional amount from a lien that filed against our home by the supplier. We paid off that lien and it is satisfied.

Anyway, the electrician filed suit, we did all our paperwork, waited two months for our court date, showed up on time. Then the electrician never even showed. Part of me was relieved, part of me was bummed. I had taken a lot of time to prepare our evidence and I wanted to be vindicated. On the other hand, I hate being put on the spot in front of a judge. You can look like an person real fast.

But the guy didn't show up, the case was dismissed with prejudice against the plaintiff. But I see the definition of 'dismissed with prejudice' here. The judge said he could re-file within a reasonable amount of time but in order to do so he had to prove to the court a very good reason why he didn't show up. I don't know what that proof would consist of.

Well that makes me feel better. I was thinking that this guy could just keep filing and make us waste a half a day of work every other month just to be a jerk. I am still going to put my paperwork in a very safe place, just in case.
"Time you enjoy wasting is not wasted time."
Laura
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#18
  Re: Re: OT - Our Court Date Results by luvnit (Yes, this was about ...)
" I am still going to put my paperwork in a very safe place, just in case."

I think that's a wise thing to do. What a jerk! Well, at least you can relax now. If he tries it again, you're prepared....so no worries. I'm glad it worked out in your favor Laura. What a pain!
Daphne
Keep your mind wide open.
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#19
  Re: Re: OT - Our Court Date Results by luvnit (Yes, this was about ...)
Darn, everything happened so fast yesterday, now I am wondering if I heard the judge correctly. Maybe he said 'without prejudice'? Gosh now I am going to go crazy until I get my letter in the mail 3-5 days.

But I must have heard him right the first time. Maybe the judge meant that unless the plaintiff was in an auto accident on the way to court and he had a police report to back it up, or someone clost to him died suddenly, etc. and would need to prove that to the court, or he couldn 't file.

I hope that this is the case. That would make my life easier.

You are right Daphne. I am prepared if it ever does happen, so not to worry.
"Time you enjoy wasting is not wasted time."
Laura
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#20
  Re: Re: OT - Our Court Date Results by luvnit (Darn, everything hap...)
Laura - go to your circuit clerk's website to look at your file. Most county's seem to have them. If they don't have a website, then contact the Circuit Clerk's office to find out what is available to you. Then you can see the disposition of your case and not wonder about it - and put it in the file with all of your other papers!
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