H
happy307
Guest
Iowa
This is long and somewhat confusing so I will try to recap.
We had work done on our pool, the company agreed on an amount, they exceed the amount and we refused to pay. Then they took us to small claims court. They did a bad job on the pool so we countered for an amount to fix the pool.
We all went to small claims court in front of a Magistrate; the judgment was in favor of the plaintiff. I filed a motion to reconsider because in the Magistrates finding she had an incorrect dollar amount listed in her ruling. It was denied. So I filed an appeal. Upon the appeal being granted the trial was set as to be tried anew as to all issues, because the recorder did not record the original trial. and Iowa code 631.13(4)(a) was sited.
Okay, then we went back to court and re tried the entire case, the district court judge then ruled on the appeal in favor of us (the defendant) and in his Conclusion of Law he used other cases as a guideline.
Then today we received a Motion for a new trial and challenge subject matter jurisdiction, from the plaintiff’s lawyer, with certified copies to the court and us.
Apparently the plaintiffs tried to appeal the appeal, and were told they couldn't so now they are asking that the matter be remanded to the original small claims court and magistrate to establish a record for appeal of the original ruling of the magistrate, whereupon an appeal to district court can appropriately recognize the magistrate's ruling and following the guiding well established principles of deference to the finding of fact and rules of law.
And they are challenging the setting of the court being in front of a judge instead of a magistrate.
And one more line from the motion, " On June 4, 2004, this mater was tried in the district court of Iowa before the honorable -------- ------. The trial was conducted in the district court and was reported by a certified court reporter, in violation of Iowa code section 631.13(4)(a).
Whew... Okay now to my questions...
What legal standing does the plaintiff have to ask for a new trial in front of the magistrate?
Can I object to the motion? And if I can what grounds?
If it does go to a new trial can I use the original findings during a new trial?
What approach should I take to this situation? (besides getting a lawyer)
Thank you.... If you have any advice in addition to the questions I asked it would be greatly appreciated!!!
This is long and somewhat confusing so I will try to recap.
We had work done on our pool, the company agreed on an amount, they exceed the amount and we refused to pay. Then they took us to small claims court. They did a bad job on the pool so we countered for an amount to fix the pool.
We all went to small claims court in front of a Magistrate; the judgment was in favor of the plaintiff. I filed a motion to reconsider because in the Magistrates finding she had an incorrect dollar amount listed in her ruling. It was denied. So I filed an appeal. Upon the appeal being granted the trial was set as to be tried anew as to all issues, because the recorder did not record the original trial. and Iowa code 631.13(4)(a) was sited.
Okay, then we went back to court and re tried the entire case, the district court judge then ruled on the appeal in favor of us (the defendant) and in his Conclusion of Law he used other cases as a guideline.
Then today we received a Motion for a new trial and challenge subject matter jurisdiction, from the plaintiff’s lawyer, with certified copies to the court and us.
Apparently the plaintiffs tried to appeal the appeal, and were told they couldn't so now they are asking that the matter be remanded to the original small claims court and magistrate to establish a record for appeal of the original ruling of the magistrate, whereupon an appeal to district court can appropriately recognize the magistrate's ruling and following the guiding well established principles of deference to the finding of fact and rules of law.
And they are challenging the setting of the court being in front of a judge instead of a magistrate.
And one more line from the motion, " On June 4, 2004, this mater was tried in the district court of Iowa before the honorable -------- ------. The trial was conducted in the district court and was reported by a certified court reporter, in violation of Iowa code section 631.13(4)(a).
Whew... Okay now to my questions...
What legal standing does the plaintiff have to ask for a new trial in front of the magistrate?
Can I object to the motion? And if I can what grounds?
If it does go to a new trial can I use the original findings during a new trial?
What approach should I take to this situation? (besides getting a lawyer)
Thank you.... If you have any advice in addition to the questions I asked it would be greatly appreciated!!!