David Merrill wrote:
Quote:
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According to your account MADDOG you have them in a corner but you do not know how to get the ruling that is inevitably coming down the pike. Do not try another motion, unless it is for a hearing to rule on the motion already in place. A less specific or motion based on a different point or argument will become a novation and the winner motion in place quickly forgotten - new contract. I can almost guarantee that because it will let the judge off the hook you have him on.
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(emphasis in bold, mine)
That paragraph of advice is worth its weight in gold, David... REAL gold!!! You are a
treasure -
Thank you!
My paralegal friend tried to convince me to move the court for dismissal, but I said, "Wait a minute! My existing motion hasn't been ruled on yet!" and your advice confirmed what I suspected - that I should wait and
expect the judge to rule on my existing motion now that the Plaintiff has failed to respond as ordered. I do
not want to let the judge off the hook I've managed to put him on! I
suspected that filing any new motion would supplant the effective one that is already in place, and you so eloquently confirmed that David, putting it in even clearer focus - a "
novation" - new contract. HMMMMM!!! After today's discussion here on suijuris I now have a better understanding of novation. And my intuition about not filing a new motion, and therefore not letting the judge off the hook has been clarified and further enlightened by your advice. It's been a
great day for me on suijuris!
=oD
Sweet dreams, everyone... time for beddy-bye. =)