I don’t have a court reporter at every hearing and I don’t order every court transcript, but sometimes you leave a hearing wondering…..
What? Why? Huh? What Just Happened In There?
The procedural posture of this case is clear…I got the case dismissed. And after you get an adverse ruling you’ve only got ten days to rehear or 30 days to appeal……that’s it. And so I’m really scratching my head about why this Plaintiff want to keep this dead case alive….
But I don’t let it drive me crazy…maybe I’ll let them get a Final Judgment of Foreclosure….on a case where the court lost jurisdiction in November 2011….but just read this transcript…..
And let me know what you think…..
MR. WEIDNER: Yes, sir.
2 THE COURT: It says, The action is dismissed
3 without prejudice. Motion is granted.
4 You’re going to write this on there, then, all
5 right? The Plaintiff —
6 MR. WEIDNER: Are we giving them another shot
7 at it, the fifth?
8 THE COURT: Yes. They are getting ten days.
9 They’re getting ten days to do it. I’m sorry.
10 That’s the rule. You said it’s dismissed without
12 MR. WEIDNER: Right. So that just means that
13 they get to refile the case. The action is the
14 case. They failed to comply with the Court’s
15 ruling. The only basis for the Court —
16 THE COURT: This matter wasn’t supposed to be
17 in front of me so I’m letting them do it. Okay?
18 I’m going to let them do the rehearing and then
19 we’ll hear it.
20 MR. WEIDNER: This is — will be the, I’ve
21 lost count of the number of rehearings.