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  1. #1
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    Default Summary Judgement Was Granted, Now What

    Last week my daddy was granted full summary judgement against the Plaintiff. PRAISE JESUS!
    (We are in Texas)

    Is there anything he can do to get his legal fees back?
    What about the Plaintiff's lawyer? Can he get sued also?
    What about Malicious prosecution? His lawyer should have never takes this suit out, it was so frivolous, just like something you would see on tv.
    Can he get in trouble with the Bar Association? Daddy is 70 years old, in a wheelchair with throat cancer.....

    I don't want to sound bitter and feel like I need to get back, but the money we spent, hours, time to defend against this ridicuolous lawsuit makes me feel that if at the very least, we should get back some (or most) of the attorney fees.... and why should tTHIS lawyer put another person through the torture of a lawsuit.... can he be held accountable?

  2. #2
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    Default Re: Summary Judgement Was Granted, Now What

    Last week my daddy was granted full summary judgement against the Plaintiff.

    I really have no idea what you are talking about.

    But, what does the judgment in the lawsuit have to say in answer to your questions?

    If pa was the defendant and he got a judgment, then that means he had filed a counterclaim, right?

  3. #3
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    Default Re: Summary Judgement Was Granted, Now What

    Quote Quoting seniorjudge
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    Last week my daddy was granted full summary judgement against the Plaintiff.

    I really have no idea what you are talking about.

    But, what does the judgment in the lawsuit have to say in answer to your questions?

    If pa was the defendant and he got a judgment, then that means he had filed a counterclaim, right?

    No, and you don't need to poke fun.....Just ignore my posts from now on, thank you......

    For someone who is not going to make fun of me, please answer the question.

    I will make it clear... My FATHER was sued by a vexatious Plaintiff
    He did all the answers, depositions, etc.
    He didn't COUNTERSUE because we just couldn't afford it.
    Last week, the judge through out the entire lawsuit he was granted a full "summary judgement"....
    I hope that makes sense now..

  4. #4
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    Default Re: Summary Judgement Was Granted, Now What

    Quote Quoting HigglyTown
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    Last week my daddy was granted full summary judgement against the Plaintiff. PRAISE JESUS!
    (We are in Texas)
    Rule 166a is SJ.

    http://www.supreme.courts.state.tx.u...CP/RCP_all.pdf

    Is there anything he can do to get his legal fees back?
    Were they prayed for (requested) in his SJ motion? If not, a seperate filing for his fees and costs is the only way to move the court for them. Consult your attorney.


    What about the Plaintiff's lawyer? Can he get sued also?
    What about Malicious prosecution? His lawyer should have never takes this suit out, it was so frivolous, just like something you would see on tv.
    Can he get in trouble with the Bar Association? Daddy is 70 years old, in a wheelchair with throat cancer.....
    A SJ motion that is granted means that the court, in agreement with the moving party, has found NO reason to proceed, since, here the plaintiff, has presented no legal cause of action once facts have come out into the open through peladings. It does not necessarily mean the complaint was frivilous, it may, yes, but not as a definite fact. A SJ motion is similiar in nature to a Motion to Dismiss.

    If the complaint was so frivilous in nature, there is no question, then ask your attorney IF he deems a malicious prosecution/abuse of process suit viable.

    Court rules greatly discourage attorney's from filing suits that are without merit simply to obtain work, and can even be sanctined by the court for doing so.

    Best wishes.

    BOR (Bill of Rights)

  5. #5
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    Default Re: Summary Judgement Was Granted, Now What

    Quote Quoting BOR
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    Rule 166a is SJ.

    http://www.supreme.courts.state.tx.u...CP/RCP_all.pdf



    Were they prayed for (requested) in his SJ motion? If not, a seperate filing for his fees and costs is the only way to move the court for them. Consult your attorney.




    A SJ motion that is granted means that the court, in agreement with the moving party, has found NO reason to proceed, since, here the plaintiff, has presented no legal cause of action once facts have come out into the open through peladings. It does not necessarily mean the complaint was frivilous, it may, yes, but not as a definite fact. A SJ motion is similiar in nature to a Motion to Dismiss.

    If the complaint was so frivilous in nature, there is no question, then ask your attorney IF he deems a malicious prosecution/abuse of process suit viable.

    Court rules greatly discourage attorney's from filing suits that are without merit simply to obtain work, and can even be sanctined by the court for doing so.

    Best wishes.

    BOR (Bill of Rights)
    Thank you very much Bor for your nice response.

    Yes, my attorney "prayed" the court for summary judgement, the Plaintiff's attorney fought like heck, but the judge did grand Full Summary Judgement.

    It was surreal, my fathers lawyer is this "texas gentleman", softspoken, to the point, Plaintiff's attorney started rambling (loud, mad) against granting the summary judgement on facts that had nothing to do with the case... It really was a bizzare scene.

    Again, it's not like I need "revenge", but the lawsuit was so frivolous "weird" that I'm shocked that any lawyer would take it.

    The fact that this lawyer did take it, along with a litigious Plaintiff makes me feel that the lawyer should have some sanctions taken against him for putting my father (and the whole family) through this ordeal and expense.

  6. #6
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    Default Re: Summary Judgement Was Granted, Now What

    But, what does the judgment in the lawsuit have to say in answer to your questions?

    Okay, you didn't answer that question and we need to know the answer.

    In other words, if pa did not bring it up during the lawsuit, then he can't get anything from the nasty person now.

    Help us out here.

  7. #7
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    Default Re: Summary Judgement Was Granted, Now What

    Quote Quoting HigglyTown
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    ...

    Again, it's not like I need "revenge", but the lawsuit was so frivolous "weird" that I'm shocked that any lawyer would take it.

    The fact that this lawyer did take it, along with a litigious Plaintiff makes me feel that the lawyer should have some sanctions taken against him for putting my father (and the whole family) through this ordeal and expense.

    ...
    Why do you think it was frivolous?

  8. #8
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    Default Re: Summary Judgement Was Granted, Now What

    Quote Quoting seniorjudge
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    But, what does the judgment in the lawsuit have to say in answer to your questions?

    Okay, you didn't answer that question and we need to know the answer.

    In other words, if pa did not bring it up during the lawsuit, then he can't get anything from the nasty person now.

    Help us out here.


    True, PA didn't countersue, but me and my Memaw still thinked we shoulda be gettin wages back from the nasty outlaws.

    Are youz saying that the only ways that PA can get wages back from the nasty ole plaintiff is IF HE countersued?

    Well, unfortunately Doc Baker tooked all our money to save pawpaw after he was kicked by a mule, there 4 us people didn't have the wages to countersue.

    We even tried to borrow money from the Olesons, but you know how nasty that Nellie girl is.

  9. #9
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    Default Re: Summary Judgement Was Granted, Now What

    Actually this is for BOR

    The lawyer didn't pray the court for legal fees, he prayed the court for the summary judgement.

    So, is it near impossible to get some legal fees back because (for some reason the lawyer didn't pray the court for costs?)

  10. #10
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    Default Re: Summary Judgement Was Granted, Now What

    Quote Quoting seniorjudge
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    Why do you think it was frivolous?
    (For confidential reasons, I changed the animal names, i.e. "rat" might mean "mouse" "groundhog" might mean "beaver")


    He said he was slandered because my daddy (PA)
    told a "pack of dogs" (literally) that the Plaintiff was a "smelly, rat faced groundhog" BUT.... people near the dogs heard the comment, even though he had no witnesses to back it up. (Except the dogs, but they were unable to testify)

    the "smelly, ratfaced groundhog" was brought up through the lawsuit under every count. Brought up in pleadings, brought up throughout the deposition, asked in every way possible.

    Am I a lawyer, no. Do I think it's frivolous? Yes. Do I think a lawyer should have never taken this case? Absolutely not.

    In my opinion, he knew that the Plaintiff would never win, and who knows how much money he got out of the Plaintiff? (Like I care)

    But, I thought Lawyers had ethics they had to live up to.

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