What is the name of your state (only U.S. law)? PA
My father, who is now deceased, was involved in a lawsuit prior to his passing. As briefly as possible, he was approached by an acquiantance to invest in a company. He gathered a few friends/family members to hear the specifics. Each individual then made his or her own decision to invest (general partnership papers were drawn up). For various reasons the investment went under. However, years later, two inviduals sued my father, who was a stock broker, saying he offered improper advice even though it was never presented in that fashion (and was later proven so in court).
My father was delivered a court date when he was away on vacation and then came back and moved offices and the appearance request was never seen. He later found out that a verdict was delivered against him when he did not appear in court. He had the ruling opened, appealed and won when the other partners testified on his behalf that he did not act in an advisory capacity. The other party appealed and lost for a second time.
However, the other party then went to court again and argued that the original ruling (when my father did not appear) should not have been overturned. They won and shortly thereafter my father passed away. After his passing, the lawyer who represented my dad essentially said that it may not be worth pursuing any further and that it may simply become more and more costly to fight.
Anyway, my question basically is in regards to the overturning of the rulings.
Essentially, how is it possible that a court could rule that a verdict/decision be opened once(when my father had it opened) and then later rule that it shouldn't have been opened in the first place (the most recent verdict before his passing)? How many times can this go on?
Also, I'm not sure if it's admissable from one to the next, but how can a verdict be able to stand based on the time when the defendant wasn't in court to defend himself when, in fact, he won (twice) when he was actually given his "day in court"?
I can provide further details of the case if necessary.
Thank you for any replies.What is the name of your state (only U.S. law)?
My father, who is now deceased, was involved in a lawsuit prior to his passing. As briefly as possible, he was approached by an acquiantance to invest in a company. He gathered a few friends/family members to hear the specifics. Each individual then made his or her own decision to invest (general partnership papers were drawn up). For various reasons the investment went under. However, years later, two inviduals sued my father, who was a stock broker, saying he offered improper advice even though it was never presented in that fashion (and was later proven so in court).
My father was delivered a court date when he was away on vacation and then came back and moved offices and the appearance request was never seen. He later found out that a verdict was delivered against him when he did not appear in court. He had the ruling opened, appealed and won when the other partners testified on his behalf that he did not act in an advisory capacity. The other party appealed and lost for a second time.
However, the other party then went to court again and argued that the original ruling (when my father did not appear) should not have been overturned. They won and shortly thereafter my father passed away. After his passing, the lawyer who represented my dad essentially said that it may not be worth pursuing any further and that it may simply become more and more costly to fight.
Anyway, my question basically is in regards to the overturning of the rulings.
Essentially, how is it possible that a court could rule that a verdict/decision be opened once(when my father had it opened) and then later rule that it shouldn't have been opened in the first place (the most recent verdict before his passing)? How many times can this go on?
Also, I'm not sure if it's admissable from one to the next, but how can a verdict be able to stand based on the time when the defendant wasn't in court to defend himself when, in fact, he won (twice) when he was actually given his "day in court"?
I can provide further details of the case if necessary.
Thank you for any replies.What is the name of your state (only U.S. law)?