Petition for Certiorari

[lyoung1978]

What is the name of your state (only U.S. law)? Gerogia

I am in the middle of a civil litigation between my ex-landlord and my husband and I. He has sued us for not purchasing the home and we are counter-suing for over $25,000 in upgrades and improvements to home. Very quickly to understand the person I am talking about- We had a purchase agreement for a certain dollar amount, after we finished the basement (with his knowledge) He decided he wanted 20K more, when we disagreed he began filing all different types of criminal charges. (damages to home, theft of blinds, etc.) These claims have continuously been dismissed by detectives, he is just crazy and making our lives miserable.

As for my question. He filed for a warrant hearing, claiming deposit fraud. He lost the hearing due to lack of probable cause, like my attorney expected him to since he really had no case. (he had not even deposited the check) I received the notice of the hearing literally the day before I was due in court, he sent it to my old address fully knowing we no longer lived there. In any case we won after testimonies, etc. I have just received a notice that he has filed for a petition of certiorari, basically an appeal from what I can gather.

Does this mean I have to pay to have my attorney in court AGAIN? Even after a judge dismissed it? How can he continue to file these baseless charges and is there anything I can do to stop it? My attorney is adding malicious prosecution to our slander and harassment claims, but that is months away, do I have to just take his constant harassment and unfounded charges? My attorney is a civil litigation attorney, so I am concerned, should I hire a criminal defense attorney?

Thanks for reading...

 

[LdiJ]

What is the name of your state (only U.S. law)? Gerogia

I am in the middle of a civil litigation between my ex-landlord and my husband and I. He has sued us for not purchasing the home and we are counter-suing for over $25,000 in upgrades and improvements to home. Very quickly to understand the person I am talking about- We had a purchase agreement for a certain dollar amount, after we finished the basement (with his knowledge) He decided he wanted 20K more, when we disagreed he began filing all different types of criminal charges. (damages to home, theft of blinds, etc.) These claims have continuously been dismissed by detectives, he is just crazy and making our lives miserable.

As for my question. He filed for a warrant hearing, claiming deposit fraud. He lost the hearing due to lack of probable cause, like my attorney expected him to since he really had no case. (he had not even deposited the check) I received the notice of the hearing literally the day before I was due in court, he sent it to my old address fully knowing we no longer lived there. In any case we won after testimonies, etc. I have just received a notice that he has filed for a petition of certiorari, basically an appeal from what I can gather.

Does this mean I have to pay to have my attorney in court AGAIN? Even after a judge dismissed it? How can he continue to file these baseless charges and is there anything I can do to stop it? My attorney is adding malicious prosecution to our slander and harassment claims, but that is months away, do I have to just take his constant harassment and unfounded charges? My attorney is a civil litigation attorney, so I am concerned, should I hire a criminal defense attorney?

Thanks for reading...

You won't need a criminal defense attorney unless you are actually charged with a crime.

 

[lyoung1978]

You won't need a criminal defense attorney unless you are actually charged with a crime.

Thanks, but do you think they will approve the appeal? He has no new evidence and basically said in his petition that he did not agree with it

 

[TheGeekess]

What is the name of your state (only U.S. law)? Gerogia

I am in the middle of a civil litigation between my ex-landlord and my husband and I. He has sued us for not purchasing the home and we are counter-suing for over $25,000 in upgrades and improvements to home. Very quickly to understand the person I am talking about- We had a purchase agreement for a certain dollar amount, after we finished the basement (with his knowledge) He decided he wanted 20K more, when we disagreed he began filing all different types of criminal charges. (damages to home, theft of blinds, etc.) These claims have continuously been dismissed by detectives, he is just crazy and making our lives miserable.

As for my question. He filed for a warrant hearing, claiming deposit fraud. He lost the hearing due to lack of probable cause, like my attorney expected him to since he really had no case. (he had not even deposited the check) I received the notice of the hearing literally the day before I was due in court, he sent it to my old address fully knowing we no longer lived there. In any case we won after testimonies, etc. I have just received a notice that he has filed for a petition of certiorari, basically an appeal from what I can gather.

Does this mean I have to pay to have my attorney in court AGAIN? Even after a judge dismissed it? How can he continue to file these baseless charges and is there anything I can do to stop it? My attorney is adding malicious prosecution to our slander and harassment claims, but that is months away, do I have to just take his constant harassment and unfounded charges? My attorney is a civil litigation attorney, so I am concerned, should I hire a criminal defense attorney?

Thanks for reading...

Check with your attorney to see if it is possible to have ex-landlord responsible for all attorney/court fees if ex-landlord loses the case again.

 

[LdiJ]

Thanks, but do you think they will approve the appeal? He has no new evidence and basically said in his petition that he did not agree with it

Your attorney would be far better able to answer that question than us.

 

[calatty]

A Petition for Certiorari to the Georgia Supreme Court is a petition asking it to hear the case. A case must be "of great concern, gravity, or importance to the public" in order for the Supreme Court to agree to hear the case. (Rule 40, Rules of Court). The Supreme Court is not going to take an interest in what sounds like your relatively petty case. I wouldn't worry about his petition.

 

[latigo]

What is the name of your state (only U.S. law)? Gerogia

I am in the middle of a civil litigation between my ex-landlord and my husband and I. He has sued us for not purchasing the home and we are counter-suing for over $25,000 in upgrades and improvements to home. Very quickly to understand the person I am talking about- We had a purchase agreement for a certain dollar amount, after we finished the basement (with his knowledge) He decided he wanted 20K more, when we disagreed he began filing all different types of criminal charges. (damages to home, theft of blinds, etc.) These claims have continuously been dismissed by detectives, he is just crazy and making our lives miserable.

As for my question. He filed for a warrant hearing, claiming deposit fraud. He lost the hearing due to lack of probable cause, like my attorney expected him to since he really had no case. (he had not even deposited the check) I received the notice of the hearing literally the day before I was due in court, he sent it to my old address fully knowing we no longer lived there. In any case we won after testimonies, etc. I have just received a notice that he has filed for a petition of certiorari, basically an appeal from what I can gather.

Does this mean I have to pay to have my attorney in court AGAIN? Even after a judge dismissed it? How can he continue to file these baseless charges and is there anything I can do to stop it? My attorney is adding malicious prosecution to our slander and harassment claims, but that is months away, do I have to just take his constant harassment and unfounded charges? My attorney is a civil litigation attorney, so I am concerned, should I hire a criminal defense attorney?

Thanks for reading...

Hasn't your attorney spoken to you about the tort actions of abuse of process and malicious prosecution?! If not, why not?

What about an action for specific performance of the so-called "purchase agreement"? Anything mentioned there?

How about Rule 11 (court imposes sanctions/attorney fees for filing specious and frivolous lawsuits) or what would be comparable under Georgia's Rules of Civil Procedure?

Your legal issues with the individual need to be addressed and resolved by competent legal counsel, not through strangers found in cyberspace.