How do I appeal a motion that was denied

[SkyMaster]

What is the name of your state (only U.S. law)? Colorado

Since it had been over 60 days and a court date had not been set, the judge sent a Delay Prevention Order. The Delay Prevention Order said that the plaintiff had to file a Response to Show Cause why the case should not be dismissed. Instead of filing a Response to Show Cause, the plaintiff set a trial date. Since the plaintiff did not follow the order by not filing a Response to Show Cause, I filed a Motion to Dismiss for Failure to Prosecute. My motion was denied and judge did not give a reasoning.

I was wondering, how do I appeal my motion that was denied?What is the name of your state (only U.S. law)?

 

[Tex78704]

The Plaintiff's response to the Delay Prevention Order was to start the ball rolling again on the lawsuit by setting a trial date.

Your filing a motion to dismiss for failure to prosecute once a trial date has recently been set is rather moot.

So the judge denied your motion, and is allowing the case to move forward. It is within the judges discretion to do that.

However, if you wish to appeal the denial of your motion to dismiss, in this case you will have to wait until trial is over and final judgment has been rendered.

 

[Knowitall321]

What is the name of your state (only U.S. law)? Colorado

Since it had been over 60 days and a court date had not been set, the judge sent a Delay Prevention Order. The Delay Prevention Order said that the plaintiff had to file a Response to Show Cause why the case should not be dismissed. Instead of filing a Response to Show Cause, the plaintiff set a trial date. Since the plaintiff did not follow the order by not filing a Response to Show Cause, I filed a Motion to Dismiss for Failure to Prosecute. My motion was denied and judge did not give a reasoning.

I was wondering, how do I appeal my motion that was denied?What is the name of your state (only U.S. law)?

Call the clerk & see if a motion for reconsideration can be filed. Its possible that the judge made an error but not likely. Did you file a memo of law with your motion to dismiss (assuming 1 is required). You may be able to file a motion to re-argue to address this. You did not get this on the court's calender for arguement or was it a "take papers" situtation. Check your court's practice rules -- I'm certain you can ask the court to re-look at his decision but beware, the time limitations are short for these. You doing this pro se?