If Motion to Dismiss is not answered….

[ProSeDadinMD]

What is the name of your state? MD

I was told by the Family Division case manager that …she…, or her lawyer, had 18 days to respond to my Motion to Dismiss her Motion to Reconsider and Vacate, and Request for Hearing. I filed on the 16th of July, and this Friday is 18 days. On Monday, I want to take whatever actions I need to in order to finish this, once and for all.

Would the proper thing for me to file be an Order of Default? Our order is already on record, and …her… motion is still listed as “open” on the MD Judiciary case search.

 

[LdiJ]

What is the name of your state? MD

I was told by the Family Division case manager that …she…, or her lawyer, had 18 days to respond to my Motion to Dismiss her Motion to Reconsider and Vacate, and Request for Hearing. I filed on the 16th of July, and this Friday is 18 days. On Monday, I want to take whatever actions I need to in order to finish this, once and for all.

Would the proper thing for me to file be an Order of Default? Our order is already on record, and …her… motion is still listed as “open” on the MD Judiciary case search.

I think that you would have no need to file anything further. The order is already on record. However, that doesn't mean that the judge is going to grant your motion to dismiss, just because she does not respond. In fact, I am not sure why you even filed the motion.

 

[ProSeDadinMD]

I think that you would have no need to file anything further. The order is already on record. However, that doesn't mean that the judge is going to grant your motion to dismiss, just because she does not respond. In fact, I am not sure why you even filed the motion.

My motion was in response to ...her... "Motion to Reconsider and Vacate Orders of June 6, 2007, And Request for Hearing", which was filed on July 6.

 

[LdiJ]

My motion was in response to ...her... "Motion to Reconsider and Vacate Orders of June 6, 2007, And Request for Hearing", which was filed on July 6.

I realize that, but why did you think that responding with a motion to dismiss was necessary? Judges routinely turn down motions to reconsider unless a true error is pointed out.

 

[ProSeDadinMD]

I realize that, but why did you think that responding with a motion to dismiss was necessary? Judges routinely turn down motions to reconsider unless a true error is pointed out.

If I had known that, I might not have wasted my time.

No real error was pointed out, and it the motion to reconsider had 17 items, of which only the first 4 had anything to do with the dismissal. The rest were outright lies about either the hearing of April 3, or ugly comments about me(like that I am not interpreting the order properly, won't agree to a passport, etc).

 

[ProSeDadinMD]

Never mind.

…Her… motion has been denied.

Now, since she seems intent to keep dragging this out, how long before I should expect her to file an appeal to the Supreme Court?

 

[Golfball]

…Her… motion has been denied.

Now, since she seems intent to keep dragging this out, how long before I should expect her to file an appeal to the Supreme Court?

Depends on what your (appellate) court rules and procedures say.

The appeal I'm potentially facing (I'd be the appellee) needs to have notice filed within 30 days of the judgement being appealed from, with the appeal being docketed no later than 21 days following notice.

 

[casa]

…Her… motion has been denied.

Now, since she seems intent to keep dragging this out, how long before I should expect her to file an appeal to the Supreme Court?

YIPPEEE! A light at the end of the tunnel!

I doubt she'll be taking it to the Supreme Court ~ They have their hands full. LOL

 

[CJane]

YIPPEEE! A light at the end of the tunnel!

I doubt she'll be taking it to the Supreme Court ~ They have their hands full. LOL

In my state, the Supreme Court isn't even an option for family cases. The appeals court is the last stop on that train (thank god!).

 

[LdiJ]

If I had known that, I might not have wasted my time.

No real error was pointed out, and it the motion to reconsider had 17 items, of which only the first 4 had anything to do with the dismissal. The rest were outright lies about either the hearing of April 3, or ugly comments about me(like that I am not interpreting the order properly, won't agree to a passport, etc).

IF the motion for reconsideration was simply the first step in the appeals process, you should expect her to file an appeal pretty much immediately. However it might simply have been a last ditch effort on her part.

 

[GrowUp!]

I doubt she'll be taking it to the Supreme Court ~ They have their hands full. LOL

Not to mention the cost just to file the suit ALONE deters most.

 

[ProSeDadinMD]

Again, I need to thank everybody for the advice given over the past 10 mos(I just realized last night that this has been going on since mid October of ‘06)

My hope is that this is the end.

Maybe her lawyer doesn’t want to take it to the next level, and lose, again, to a Pro Se litigant.(I know that I didn’t beat them, per se, but from the few times I’ve spoken with him, I got the impression that he expected me to back down at every step, and seemed miffed when I didn’t)

 

[casa]

Again, I need to thank everybody for the advice given over the past 10 mos(I just realized last night that this has been going on since mid October of ‘06)

My hope is that this is the end.

Maybe her lawyer doesn’t want to take it to the next level, and lose, again, to a Pro Se litigant.(I know that I didn’t beat them, per se, but from the few times I’ve spoken with him, I got the impression that he expected me to back down at every step, and seemed miffed when I didn’t)

Helping you has been rewarding for all of us...it's nice to see that you aren't being jerked around at every corner anymore.