badapple40
Senior Member
What is the name of your state?
Judge/IIAL: I wanted your opinion on a matter.
The law firm I work for obtained summary judgment for a client in a sort of trivial amount (plaintiff's case), within the local court (around 10k). It was supported properly with affidavits and was entered in accordance with law.
Thereafter, the defendants, who were previously pro se, "woke up" and hired an attorney -- the brother of the county prosecutor, who was politically connected. Nevertheless, the attorney never filed an appeal from the summary judgment.
He files his first motion to set aside the judgment, under 60(b). It is not supported with any kind of evidentiary material. Not surprisingly, even with this guy's political connection, it is denied. Incidentally, case law in Ohio prohibits 60(b) motions from summary judgment motions -- the reason being that parties need to raise defenses in the course of the summary judgment proceedings.
Then he files a motion for "reconsideration," which is not allowed under Ohio law. It is full of all kinds of spurious and unsupported allegations regarding the Plaintiff (nothing supported by affidavit or any other evidentiary material). He also files an appeal from the denial of his bare-bones 60(b). Meanwhile, we begin garnishment proceedings against this guy's client's bank accounts, after he tells an associate at my firm who was working on the case that our client will never see a dime of the judgment. We successfully obtain the full amount of the judgment from the Defendants' bank accounts. Defendant's attorney did not post a bond during the appeal nor did he post a bond (committing malpractice in my opinion, but I digress).
An entry of satisfaction is entered, and a motion to dismiss is filed in the appellate court, because Ohio courts hold that once the Defendant satisfies the judgment (even through garnishment), the case is moot and it takes away the ability to appeal or even to move to set aside the judgment.
We also file a motion in opposition to the "reconsideration" motion, mostly looking at the procedural aspects of the case -- namely that Ohio law does not allow reconsiderations from final judgments, that, if it is regarded as a second 60(b), that it is barred by res judicata/collateral estoppel, since it could have been raised in the first 60(b), that the matter is moot and there is no jurisdiction, that 60(b) can't be used to set aside the summary judgment, that 60(b) is no substitute for appeal, and that you can't use a motion for reconsideration on a fin al order.
This was before I joined the firm -- and the associate did not focus in on the facts nor point out to the trial court that the Defendants motion was totally unsupported and completely baseless.
The trial court sets the judgment aside, calling it a miscarriage of justice (I'll not disparage the judge, but I get the feeling either politics or laziness was a factor in play). Anyhow, the judge then vacates the set aside on account of the matter being on appeal.
The appellate court agrees that the matter is moot and dismisses the appeal.
The Defendants' attorney then files a BS motion for the trial court to go ahead and rule (and set the judgment aside).
Suffice to say, we figure this matter is resolved by the appellate court.
Also filed is a motion for sanctions and a motion for supplemental attorney fees (the statute the Plaintiff sued under authorizes attorney fees) -- on account of the Defendants' filing in light of the appellate court order.
The trial court doesn't give a darn, mainly because the associate, acting like a cocky jerk in the pleadings, has ticked her and her clerk off, and purports to set aside the judgment. She also denies the rule 11 and motion for supplemental fees.
So an appeal is taken from the order setting the judgment aside, and the associate also files a writ of prohibition action against the judge --arguing she is patently and unambiguously without jurisdiction.
So, that takes us to present day. The office managing partner comes into my office and asks if we can do anything with this matter.
Notwithstanding the liklihood of success on appeal (its a slam dunk case on the law), I've been asked to get involved to minimize any further reputational damage to the firm in light of the slash-and-burn litigation engaged in by the associate and any misgivings/dislike the judge has towards our firm at this point. We'd like to repair some credibility with the trial judge -- which may be impossible, and, while we will get a reversal on the supplemental fee issue (and potentially even the sanctions), there is the issue out there that the trial court obviously has a deep disdain for the associate, is not afraid to get reversed, and will hose the firm on the amount of fees (which has been handled as a contingency and so is the money pit for the firm at this point) -- so we'd like to get her to change her mind on the fees issue after it comes back down.
Do any of you have any thoughts on handling this?
Judge/IIAL: I wanted your opinion on a matter.
The law firm I work for obtained summary judgment for a client in a sort of trivial amount (plaintiff's case), within the local court (around 10k). It was supported properly with affidavits and was entered in accordance with law.
Thereafter, the defendants, who were previously pro se, "woke up" and hired an attorney -- the brother of the county prosecutor, who was politically connected. Nevertheless, the attorney never filed an appeal from the summary judgment.
He files his first motion to set aside the judgment, under 60(b). It is not supported with any kind of evidentiary material. Not surprisingly, even with this guy's political connection, it is denied. Incidentally, case law in Ohio prohibits 60(b) motions from summary judgment motions -- the reason being that parties need to raise defenses in the course of the summary judgment proceedings.
Then he files a motion for "reconsideration," which is not allowed under Ohio law. It is full of all kinds of spurious and unsupported allegations regarding the Plaintiff (nothing supported by affidavit or any other evidentiary material). He also files an appeal from the denial of his bare-bones 60(b). Meanwhile, we begin garnishment proceedings against this guy's client's bank accounts, after he tells an associate at my firm who was working on the case that our client will never see a dime of the judgment. We successfully obtain the full amount of the judgment from the Defendants' bank accounts. Defendant's attorney did not post a bond during the appeal nor did he post a bond (committing malpractice in my opinion, but I digress).
An entry of satisfaction is entered, and a motion to dismiss is filed in the appellate court, because Ohio courts hold that once the Defendant satisfies the judgment (even through garnishment), the case is moot and it takes away the ability to appeal or even to move to set aside the judgment.
We also file a motion in opposition to the "reconsideration" motion, mostly looking at the procedural aspects of the case -- namely that Ohio law does not allow reconsiderations from final judgments, that, if it is regarded as a second 60(b), that it is barred by res judicata/collateral estoppel, since it could have been raised in the first 60(b), that the matter is moot and there is no jurisdiction, that 60(b) can't be used to set aside the summary judgment, that 60(b) is no substitute for appeal, and that you can't use a motion for reconsideration on a fin al order.
This was before I joined the firm -- and the associate did not focus in on the facts nor point out to the trial court that the Defendants motion was totally unsupported and completely baseless.
The trial court sets the judgment aside, calling it a miscarriage of justice (I'll not disparage the judge, but I get the feeling either politics or laziness was a factor in play). Anyhow, the judge then vacates the set aside on account of the matter being on appeal.
The appellate court agrees that the matter is moot and dismisses the appeal.
The Defendants' attorney then files a BS motion for the trial court to go ahead and rule (and set the judgment aside).
Suffice to say, we figure this matter is resolved by the appellate court.
Also filed is a motion for sanctions and a motion for supplemental attorney fees (the statute the Plaintiff sued under authorizes attorney fees) -- on account of the Defendants' filing in light of the appellate court order.
The trial court doesn't give a darn, mainly because the associate, acting like a cocky jerk in the pleadings, has ticked her and her clerk off, and purports to set aside the judgment. She also denies the rule 11 and motion for supplemental fees.
So an appeal is taken from the order setting the judgment aside, and the associate also files a writ of prohibition action against the judge --arguing she is patently and unambiguously without jurisdiction.
So, that takes us to present day. The office managing partner comes into my office and asks if we can do anything with this matter.
Notwithstanding the liklihood of success on appeal (its a slam dunk case on the law), I've been asked to get involved to minimize any further reputational damage to the firm in light of the slash-and-burn litigation engaged in by the associate and any misgivings/dislike the judge has towards our firm at this point. We'd like to repair some credibility with the trial judge -- which may be impossible, and, while we will get a reversal on the supplemental fee issue (and potentially even the sanctions), there is the issue out there that the trial court obviously has a deep disdain for the associate, is not afraid to get reversed, and will hose the firm on the amount of fees (which has been handled as a contingency and so is the money pit for the firm at this point) -- so we'd like to get her to change her mind on the fees issue after it comes back down.
Do any of you have any thoughts on handling this?
