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How Does One Motion a Judge to Tell Them That They Erred

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  • 04-11-2009, 03:36 PM
    ascorbate
    How Does One Motion a Judge to Tell Them That They Erred
    I am the Plaintiff "pro se" in a present District Court case (large claim) that I filed (on the last day of the 3 year statute of limitations) to recover attorney fees in response to a bad-faith lawsuit the Defendant originally filed against me 3 years ago. Defendant knew they prosecuted a bad faith case and later "voluntarily dismissed in its entirety without prejudice" because I would not enter into a settlement agreement with them. The "without prejudice" part left me in "perpetual legal limbo" until the 3 year statue of limitations ran in the Defendant's original case.

    During the recent truncated District Court case (the court did not have enough time to hear the entire case, so there will be a Part II at some point), In an opening statement, I informed the sitting judge that I was the "prevailing party" in the original case as the jurisprudence developed with respect to that term was applicable as noted in: HYUNDAI MOTOR AMERICA v. ANGELA R. ALLEY (MD Court of Special Appeals, No. 1495, 2007) as found at: http://www.courts.state.md.us/opinio...08/1495s07.pdf (I even handed her a copy of this case)

    As trial proceeded for Part I, the Defendant's attorney effectively resurrected and relitigated the original case which they willfully abandoned (eg. voluntarily dismissal in its entirety without prejudice) and the judge allowed this to happen. Under the doctrine of res judicata (eg. an adjudicated issue that cannot be relitigated), I think the judge had an obligation (in the face of me stating that I was the "prevailing party" in that settled case) to disallow the Defendant's statements, arguments and testimony. And surely the lawyer knew what he was doing and what he was getting away with.

    With that said before Part II begins, I'd like to petition the court to strike the Defendant's tactics. I feel like the judge erred by allowing this to happen. How would I motion the court (without infuriating the sitting judge) to strike the Defendant's statements, arguments and testimony from the record as they relate to resurrecting/relitigating claims from the settled original case?

    There is an Administrative Judge above the District Court Judge... do I need to motion this administrator instead? What is the form of the motion/correspondence that I need to construct for submission to the Court?

    Could I petition the administrative judge for a new trial since the lawyer (and maybe the judge) have a careless disregard for the doctrine of res judicata?
  • 04-13-2009, 07:24 AM
    Mr. Knowitall
    Re: How Does One Motion a Judge to Tell Them That They Erred
    You seem to be misreading that case:
    Quote:

    Quoting Hyundai v Alley, 183 Md. App. 261; 960 A.2d 1257 (2008)
    Left unsettled was whether appellee was entitled to attorney’s fees. The parties asked the court to retain jurisdiction over a petition for attorney’s fees, which it did. The court did not expressly approve the settlement. The recital of the settlement ended with Hyundai’s counsel stating that “this case will be dismissed with prejudice, as of today, with the agreement of the swap being put on the record.”

    Also, unless your case was decided under the lemon law and consumer law statutes identified in that case, the fee-shifting statutes applied in that case don't apply to yours.

    Maryland's court rules are here. I suggest reviewing them for procedures for requesting rehearing or reconsideration, and also reviewing the appellate rules.
  • 04-13-2009, 03:39 PM
    ascorbate
    Re: How Does One Motion a Judge to Tell Them That They Erred
    Quote:

    Quoting Mr. Knowitall
    View Post
    You seem to be misreading that case:

    I only cited HYUNDAI MOTOR AMERICA v. ANGELA R. ALLEY to show that I am the prevailing party as the original matter was settled to my satisfaction.

    In addition as noted:

    Turning from “how” to “what,” we now consider whether appellee has in fact shown the requisite degree of success to be deemed a prevailing party. In Blaylock, supra, 152 Md. App. at 354-55, this Court distilled these prevailing party formulas from cases in other jurisdictions:

    (1) A party prevails when its ends are accomplished as a result of the litigation;

    (2) If a party reaches a sought-after destination, then the party prevails
    regardless of the route taken; and

    (3) The standard is whether the party has prevailed in a practical sense.
  • 04-17-2009, 04:19 AM
    Mr. Knowitall
    Re: How Does One Motion a Judge to Tell Them That They Erred
    You're not in other jurisdictions - you're in Maryland. You're also citing a case where (a) the plaintiff was identified in the settlement as the "prevailing party" and (b) the right to attorney fees turns on a specific consumer law, Md. Code Ann., Com. Law II ("CL") 13-408(b), that may have no relevance to your case.
  • 04-18-2009, 08:51 PM
    KeyWestDan
    Re: How Does One Motion a Judge to Tell Them That They Erred
    First, judges generally hate pro se litigants, especially in federal court. The judge will usually find any reason possible to rule in favor of a member of the bar. However, that said, you probably got a fair hearing.

    Trying to get attorney fees awarded long after the fact, and pro se, is a really rough road. I have never heard of a separate action for an award of attorney fees years after the fact. The ONLY way would be you filing a civil suit for abuse of process or malicious prosecution. But as you did NOT win on the merits, no action for malicious prosecution would stand.

    I suspect the judge allowed the testimony to determine if there were grounds to allow attorney fees when the previous dismissal was voluntary and you didn't actually win on the merits. What you brought in a way was a maliciious prosecution case which has 4 different elements you have to prove.

    You could file a motion for reconsideration with a well written brief. If that doesn't work, you could appeal to the appropriate State or Federal Court of Appeals where you would probably give the judges a good laugh. (You say district court which could be a state court or a federal district court, but you don't specify.)

    Then the other side has to file a response. Depending on local rules, you might get a reply brief. Then the judge has to issue a written decision based on the law. He might still rule against you but you will know why in detail and have something solid to appeal from.

    However, I think you are wasting your time.
    -----------------
    I am not an attorney but have some experience in this area.
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