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  #11  
Old 09-09-2005, 11:53 AM
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Judge Roy Bean Judge Roy Bean is offline
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Quote:
Originally Posted by truth4all
You lose !

09/02/2005 Disposition - Withdrawn without Prejudice Louis J. Presenza NICHOLI H CARDWELL (D1)

and DEFENDANT was smart enough to file the letter with the court where WOLPOFF and ABRAMSON stated DISMISSSED without Prejudice.
http://claims.courtapps.com/servlet/...cketID=1835751

Go fishing !

Ahhh...there is an important difference between WITHDRAWN and DISMISSED. They may be coming back to get another bite of the apple, and because it was not DISMISSED it will probably be a redrawn complaint - so there is no res judicata defense.
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  #12  
Old 09-09-2005, 06:06 PM
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I think a motion for dismissal would be in order on the part of the defendant!
Failure to state a claim for which relief can be granted.....
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