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Case dismissed by magistrate w/o trial

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H

hydepark

Guest
What is the name of your state? CO

I had a SC case dismissed by a magistrate without a trial. I filed a motion to vacate dismissal. I'm sure it'll be denied. I have a feeling defendant talked to magistrate to have the case dismissed even though the file didn't show any record of this. I could tell something was fishy since they fax'd the dismissal to defendant's attorney so the only way they could have known this information is if the attorney contacted the court or vice versa. Also, the magistrate wasn't assigned to the case for hearing the trial since I showed up at scheduled trial time only to find out case was dismissed so I asked to speak to the magistrate who made the decision and he was not there.

Do I have any recourse?
 


H

hydepark

Guest
He said I was bound by an arbitration clause which wasn't the case. This mis-information must have been given to him by the defendant's attorney.
 

stephenk

Senior Member
i take it you are suing for breach of some kind of contract? If the contract has a provision that all claims being made against a party to the contract, regarding the contract, must be heard in binding arbitration, then the court made the correct decision.
 
H

hydepark

Guest
There isn't an arbitration clause in the contract. I have read it a bunch of times.
 

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