Two Words

Jan. 13th, 2010 05:15 pm
ceebeegee: (celebration)
[personal profile] ceebeegee
CASE


DISMISSED

Date: 2010-01-14 01:08 am (UTC)
From: [identity profile] kellygirlnyc.livejournal.com
We are clapping for you over here in Hoboken.

Leth wants to know if you have any more details. I'm just glad it's over (so's he, but he's without LJ, so he has no conduit). Wooooo hoooo! Bye bye crazy lady! Don't let the stupid hit you on the way out. Wait. It already did.

Date: 2010-01-14 03:16 am (UTC)
From: [identity profile] ceebeegee.livejournal.com
I will scan and post the document tomorrow or Friday (my laptop crashed last week and I need to rehook it up to my scanner). I'm not exactly sure of the parameters of "Case Dismissed"--I don't know if she can appeal or what, because the judge didn't write anything else. I don't think she can bring the case again without starting to look like a Vexatious Litigant (in my uncle-the-lawyer's words). I am a little concerned that she'll try to bring a case against Lori next. OTOH, she must know that of course I'd back up Lori just as she did for me. IMO, the case was dismissed because she had absolutely no documentation whatsoever to back up her claims. If she tried to sue Lori next and magically had new receipts, etc., I would think that would look highly suspicious.

I'm thrilled because I thought that at least the judge might award her the deposit. I forgot to mention that she still owed us for the electric and cable. But she got NOTHING! AHAHAHAHAHA!

Date: 2010-01-14 03:22 am (UTC)
From: [identity profile] wonderpanther.livejournal.com
She can appeal, but if she does she will lose again and she will have to buy you a transcript of the trial, which is priceless, frankly.

She cannot bring the case against you again because it was adjudicated on its merits and dismissed. If she does it again, she will be in contempt of court.

She can try to bring it against Lori but she will not succeed. Issue preclusion will be a cause for dismissal and throw that case right out. The issue was decided.

Date: 2010-01-14 03:28 am (UTC)
From: [identity profile] ceebeegee.livejournal.com
Oh, whew, I was hoping you would know the answers to that! The document is a little confusing, it just says "Case Dismissed" and I did searches online but couldn't find anywhere that explained exactly what that meant. I thought it was something like "the court's kicking this back to a lower court."

I wasn't that worried about the appeal because from what I understand, the parameters for appeal are so narrow in Small Claims. I was more worried about Lori.

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