Warrant to Recover Property After Case Was Dismissed Without Prejudice

[aasimmons87]

My question involves court procedures for the state of: TENNESSEE (HAMBLEN COUNTY)

Plaintiff sueing me for property he says I have of his.
opened this case in dec of 09. we went to trial on jan 12, 10. trial was reset.
we went to trial feb 23, 10. (trail was amended, wrong name) trial was reset.
went to trial on march 30, 10. plaintiff dismissed trial for valuntary non-suit with out prejudice.

8 months later I recieved a letter from plaintiffs attorney stating I needed to be in court on 4-4-11. According to court case file in clerks office, this case was dismissed and never refiled. Do I still need to go to court? If i do have to go, then how can I get this case dismissed bc they never refiled it?

[Mr. Knowitall]

If there is something pending before the court, it's reasonable to infer that the case has been reinstated or there is an associated motion or intention to seek reinstatement.

You can check the status of the case with the court and motion. Is the court hearing on the court's docket? Obviously, if you believe you have a defense to the relief requested, you would not want to simply not appear and risk ending up with their getting the relief they're requesting.

[KeyWestDan]

As said, check the case file. You can probably see it online. Search for your name and see if any other cases come up.

If the case was volunatarily dismissed eight months ago. That case is dead. No court has jurisdiction to hear anything about that case.

The plaintiff would have to file a new civil action, pay the filing fee, and then properly serve you all over again, assuming the statute of limitations has not expired.

I have never heard of a lawyer sending someone a letter telling them to appear in court for a dismissed case. Nevertheless, I would certainly go. I can't imagine what the lawyer is going to ask, but be sure to object and point out to the court that it has no subject matter or personal jurisdiction at this point and the case would have to be refiled from scratch. There is simply NO SUCH THING as reinstating a dismissed case. It has to be filed as a new case, period.

Now, is it just a letter or is it a formal Notice of Hearing? If it is a notice, it has to have the case number on it. Look that up.

Something here is not right.

[aasimmons87]

It is on the court docket but it was not refiled. Nothing shows any motions or request in the case file. Only thing in there is the dismissed case documant and a letter from their attornet stating court the court date. I never was summond to go.