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Grounds for a retrail?

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K

kmag

Guest
Grounds for a retrial?

What is the name of your state? Maryland..

Question, what are the grounds for a retrial? I have been searching the web and unable to find this information.

I purchase a home back on Oct. ’99 and Dec. ’99. We rec’v a letter from our new mortgage company informing us that our Flood Insurance had expired. (This open a whole new can of worms). We never purchased Flood Insurance (in fact we were told we were not in a flood area. The bottom line we have placed a lawsuit against the owner, both realtors, mortgage company, Settlement Company and survey company. We now know that everyone knew or had some knowledge that we were in a HAZARD FLOOD Area (but, never informed us). It was all about selling a home. The owners left hidden information about the home being located in a Hazard Flood Area. Our home has flooded, we had to purchase flood insurance. We would never have purchased this home had we known.

We are scheduled to go to court on Monday, 9/23, for a 4-day trial w/jury.

We would a retrial because the judge made several errors. (Our Motion Hearing was not the same judge as the trail judge.)
1. The judge refused to have the court reporter read back several things in question, he asked the defense attorneys if their clients said several things and we all know they said ‘NO’.
2. A motion hearing was held several months before trail with another judge and this judge would not release all of the companies/people we were being the lawsuit against because they were liable according to complaint filed.
3. The judge though the trail was only about flood zone but, in the complaint it was also about standing water, breach of contract, negligence and home flooding. The judge than released all three (3) of the six (6). Would not let us submit evidences. Once we pointed out the entire thing in the filed complaint he said, he was sorry and we could submit our evidence. However, refused to bring back the three (3) he released. Therefore, we were unable to show evidence on these three (3), which were released.
Thanks A Million for all of your help.
:confused:
 
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K

kmag

Guest
Grounds for a Retrial

He is not giving no real answers. We are meeting with him today. After today we may be looking at getting a new lawyer, because he has no answers.

Thanks,
 
A

amc822

Guest
If you get another attorney get one that specializes in real estate law and ask him/her how many appeals they've done. You will be appealing the case that was heard. The Court of Special Appeals may remand it back to circuit court to be retried or just resolve some issues. To find an attorney check Martindale Hubbell (a directory of attorneys) available at the public library. Best of luck.
 
K

kmag

Guest
Thanks A Million. Do you know what the grounds are for a retrial? I think a retrial will be better than an appeal. I just don't know any more.

THANKS for everyones comments.:D
 
K

kmag

Guest
Answer from Attorney

I talked to my attorney last night.
We paid our attorney to hire our expert witness at his request. The expert witness did not show-up in trial so, the judge drop the charges against the company. Now my attorney is saying the only way we can get back our money is to sue him, which he will charge $1,250.00 -1,500. What can I do? I do not feel that I should have to paid him to get back our money, when he said that this expert witness would do his job and for us to trust him.

Now for the appeal.. he now what to charge us by the hour to do the appeal which he said would cost around $7,500+ for his fees. I need all of the advice I can get....\

Thanks A Million, for all of your help.

Kim
 
V

Votan

Guest
Your description suggests that the current lawyer did not perform with zeal in your favor. I find it absurd to continue with him on the appeal, or even retrial if applicable. Find another lawyer who have argued in the court of appeal. amc suggested this to you too.
 
K

kmag

Guest
Thanks:D

Not only does he what to charge by the hour, he also what 33-1/2 of the money won in the retrial....

I was under the understanding lawyers could only charge by the hour or a percent at settlement of the trial but not both.

I am currently looking for a new lawyer. The only problem we don't have deep pockets...and a lot of new attorneys what 500-1,500.00 just to read the complaint.

Again Thanks,
Kim
 
A

amc822

Guest
Here is the information for the Attorney Grievance Commission. No he can't take a case on contingency and charge by the hour. They will only go after him if you have proof. Ask him to give you a contract stating the terms.
People's Resource Center, Suite 3301
100 Community Place
Crownsville, MD 21032 - 2027
(410) 514-7051
1-800-492-1660 (toll free, Maryland)
e-mail: [email protected]
web: www.courts.state.md.us/attygrievance
 
K

kmag

Guest
Thanks A Million..

I was able to email 5 attorney today, just waiting on a call/email back.

Again Thanks, for everyones HELP..:D
 
K

kmag

Guest
How do you know if you have a good lawyer? What should I look for?:confused:
 

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