Home     Law Advice     Insurance Advice     Community    
Civil Litigation : Pre-Trial Matters, Trials and Appeals in Non-Criminal Matters – For Criminal Matters, Please Post under Criminal Law & Procedure
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Civil Litigation

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-28-2009, 06:56 PM
Junior Member
 
Join Date: Jun 2006
Posts: 14

Can a Judge Overrule the Decision of Another Judge of the Same Court?


Plaintiff originally filed a tort complaint to be heard in Maryland District Court. Defendant file a Notice of Intention to Defend but filed nothing else.

Nearly four months later, Defendant filed a motion for leave to file counterclaim (and had to show good cause). Plaintiff opposed Defendant's motion. A District Court judge later ruled on the motion denying Defendant's request for leave to file counterclaim.

Now 5 months later, another judge of same court, while ruling on another completely unrelated motion in the matter, apparently revisited Defendant's previous motion for leave to file counterclaim... and granted it!

Defendant's attorney: 1) had not filed a motion to reconsider leave to file counterclaim, 2) had not filed another motion hinting in any way for a second request for leave to file counterclaim, and 3) nothing else in the case has materially changed (with regards to the Defendant's original request for leave to file counterclaim). So either the judge wasn't paying attention to the previous decision issued OR he/she was purposely taking up "the previously settled law of the case" and overruling another judge of the same District court? Can he/she do that?

Is there any legal precedent that I could cite in a motion to dismiss counterclaim that the judge (who overruled another judge of the same court) is in error?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:18 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.