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Been a bummer of a day - Please don't yell at me ...

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spike1951

Guest
What is the name of your state? Florida

Please don't yell at me HomeGuru or IAAL, it's been a bad day, as you can see I lost on a legal technicality, my wife's sick, and my dog died. Well….., it's been 8 months since my dog died but I still miss our dog.

I am searching for any ray of hope here? I could stand losing on fact but not this way!

Part of my original claim was a defamation claim for my wife. Since my wife was not down as a co-Plaintiff, the judge dismissed it without prejudice.

Can we bring that suit back with both our names as Plaintiff and tie it to the $900 that I had dismissed by summary judgment?

….question… Did the judge dismiss my legal claim of negligence by the defendant….. or the damages of $900…… or both?

I think this may be very close to what I just said in my previouis post but I am so "shell shocked" my mind is "wiped out". Sorry for the 3 posts in a row, just can't believe it went down this way!

Again please don't yell at me HomeGuru and IAAL:) with all your experience can't you come up with an idea for me. I'll take back what I said about you HomeGuru:D

Spike
 
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stephenk

Senior Member
Based on your posts, the $900 claim is gone. The courts are not going to allow multiple parties to a claim to file their claims one at a time each time of the claimants' loses.

Your wife's defamation claim can be re-filed, barring any statute of limitations, but you would not be able to represent her since you are not an attorney. Plus what monetary loss resulted from the defamation?
 
S

spike1951

Guest
ANSWER

UNFORTUNATELY, THE SAME $900

Guess, I'm up a creek, time to let go!

One last 1 in a million chance,

my comany call it T, hint... is so big it pays its own medical for employees, does not buy insurance only a company to administer the plan and pay out of my company's money.

I paid $900 of the extra nursing visits, my healthcare company paid the other $1,600 out of my company's money.

Guess there is no way I can as an employee of my company bring suit for the other $1,600?

I'm bound by a 'code of honor' to protect company resources.

I know give it up:(
 

stephenk

Senior Member
if your claim is that the 1,600 paid was for services that were never provided, then the health care company can file suit. An employee of that company has no standing to file the suit. The suit would have to be filed by an officer of that company. Check the florida small claims statutes for filing of suits by companies, ie who can bring the suit on behalf of the company.
 

HomeGuru

Senior Member
spike1951 said:
What is the name of your state? Florida

Please don't yell at me HomeGuru or IAAL, it's been a bad day, as you can see I lost on a legal technicality, my wife's sick, and my dog died. Well….., it's been 8 months since my dog died but I still miss our dog.

I am searching for any ray of hope here? I could stand losing on fact but not this way!

Part of my original claim was a defamation claim for my wife. Since my wife was not down as a co-Plaintiff, the judge dismissed it without prejudice.

Can we bring that suit back with both our names as Plaintiff and tie it to the $900 that I had dismissed by summary judgment?

….question… Did the judge dismiss my legal claim of negligence by the defendant….. or the damages of $900…… or both?

I think this may be very close to what I just said in my previouis post but I am so "shell shocked" my mind is "wiped out". Sorry for the 3 posts in a row, just can't believe it went down this way!

Again please don't yell at me HomeGuru and IAAL:) with all your experience can't you come up with an idea for me. I'll take back what I said about you HomeGuru:D

Spike

**A: read my earlier posts.
 

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