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Can she do this?

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bellatauri

Junior Member
What is the name of your state? Virginia
I went to court today for some of the same things my sister had tried to sue me for 6 months ago. She wasn't awarded anything on a vet bill or lawyer fees she was asking for. She was awarded only half of some insurance money because the judge said she totally didn't believe her story plus court cost. I appealed that and is pending in a higher court. So a month ago I get another warrant in debt for the things she didn't win. This time around (in front of exact same judge too) judge told my sister once again that she would not award lawyer fees and she didn't remember hearing anything about an vet bill the first time. I said yes your honor her lawyer withdrew the vet bill claim because he said no evidence for the claim. As the judge read her verdict first time around she even said she awarded her nothing for the vet bill for lack of evidence. So anyways this time she said because it wasn't on her first bill of particulars it wasn't before the court. I showed the judge it was on the warrant in debt and the judge her lawyer withdrew it on the day of court. I also told the judge that first time around she asked about the vet bill and her lawyer stated no proof and wanted to withdraw that claim. The judge said she doesn't recall that and because it's just on the warrant in debt and not in the bill of particulars the court has not heard about the vet bill. I had no plan of a trail today so I wasn't prepared. I figured I was going to walk in there and show this was res judicata by the warrants in debt and it would be dismissed. So anyways I guess technically I already appealed the first case in which it is on the warrant in debt and that case is still pending in an higher court. Now I have to appeal this second case which is basically the same stuff as the first one. Also needless to say it's costing me another $80 to appeal plus the verdict for the bond. I should not have to do the second appeal in my opinion and that warrant should have been thrown out. Am I right or wrong? Is there anything I can do besides an appeal? Is there a review board that I can have review this case and the judge's decision or something along that line? Also for the record the vet bill came about because of my sister coming by while I was at work and my 9 year old rottweiler was limping. Rottweillers and most large dogs are famous for hip problems as they get older and when he starts to limp my wife and I will give him some glucosamine-chondroitin (shark cartilage) and within a few days he is fine and jumping around. So awyhoot she comes by while no one was home seen him limping and rushed him to the vet without my permission and now wants me to pay for it. She called me at work before taking him and I told her about his problems and how we cure it and I told her not to take him. But she took him anyways. Any suggestions as to what to do about this second verdict are welcome.
 


pojo2

Senior Member
and when he starts to limp my wife and I will give him some glucosamine-chondroitin (shark cartilage) and within a few days he is fine and jumping around.

I think your statement is impossible, glucosamine-chondroitin is a product used over time not at a flair up.
 

bellatauri

Junior Member
pojo2 said:
and when he starts to limp my wife and I will give him some glucosamine-chondroitin (shark cartilage) and within a few days he is fine and jumping around.

I think your statement is impossible, glucosamine-chondroitin is a product used over time not at a flair up.
I'm only using it as told by his vet years ago. I'm not asking about pet dosages here. If I were worried about that I would have gone to a pet forum. I put that in the post to show there is no animal abuse and I do care for and about my Rotty. I'm on here asking for legal advise about Res Judicata in my case. Anyone else have any legal info here it would be greatfully appreciated? Thank you
 

garrula lingua

Senior Member
Sounds like you're out of luck. If it wasn't on the bill of particulars & if the Judge didn't render a decision on the vet bill, it was open to be litigated.

What you said, is prob what happened: the vet bill was withdrawn (dismissed without prejudice), not ruled upon. Therefore, it remained open for a future filing/decision.

Honestly, life is too short. Tomorrow, you or I may be dead.
I would tell Sis I love her, and let's not let little things get between that. Court will just drive you (and her) crazy; courts never go well with families.
 

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