at_wits_end
Junior Member
What is the name of your state? Florida
First, I apologize if this is posted in the wrong location.
Myself and my husband were wrongfully sued in 2004 by a military member for loss of his job (Libel). He is still working for the military and has been promoted since filing suit. His attorney quit upon deposition of his supervisor when it came to light that the Petitioner is still employed by the military. However, she did not notify the court of this fact (she quit under "irreconcilable differences"). My husband was also served a temporary Domestic Violence Injunction by the same military member's wife, who is my husband's ex. The DVI was dismissed on it surface by the Judge but through depositions and phone records, we later got proof that the DVI was filed under false allegations.
The military member is now the Defendant in a suit brought by his attorney since he refuses to pay her attorney fees because she withdrew.
My husband is also in court proceedings with his ex because she is trying to get custody and child support.
Obviously, his ex and her spouse enjoy court. We, however, don't. But to prevent them from continuing to drag us to court, we would like to file a Malicious Prosecution asking for attorney fees in what we have spent on the DVI and on the Libel case. My question is, can we file jointly against both of them, or does my husband have to file one based on the DVI and another based on the Libel, then I would file separately? We would like to do this pro se, since all of our funds are being used in the custody case (which both Plaintiff's told the children that they would financially break us and they are nearing that point). Do you think it would be harmful to file a Malicious Prosecution case ourselves?
By the way, the Libel suit has not been back in front of the Judge since the Judge denied Petitioner's Request for Injunctive Relief in early 2005 and Petitioner's representative withdrew. Petitioner is hiding behind the Soldier's and Sailor's relief act in the suit brought against him by his prior attorney and tells the Judge in our case that he hasn't had time to find a new representative even though it's been half a year.
Thanks for your help.
First, I apologize if this is posted in the wrong location.
Myself and my husband were wrongfully sued in 2004 by a military member for loss of his job (Libel). He is still working for the military and has been promoted since filing suit. His attorney quit upon deposition of his supervisor when it came to light that the Petitioner is still employed by the military. However, she did not notify the court of this fact (she quit under "irreconcilable differences"). My husband was also served a temporary Domestic Violence Injunction by the same military member's wife, who is my husband's ex. The DVI was dismissed on it surface by the Judge but through depositions and phone records, we later got proof that the DVI was filed under false allegations.
The military member is now the Defendant in a suit brought by his attorney since he refuses to pay her attorney fees because she withdrew.
My husband is also in court proceedings with his ex because she is trying to get custody and child support.
Obviously, his ex and her spouse enjoy court. We, however, don't. But to prevent them from continuing to drag us to court, we would like to file a Malicious Prosecution asking for attorney fees in what we have spent on the DVI and on the Libel case. My question is, can we file jointly against both of them, or does my husband have to file one based on the DVI and another based on the Libel, then I would file separately? We would like to do this pro se, since all of our funds are being used in the custody case (which both Plaintiff's told the children that they would financially break us and they are nearing that point). Do you think it would be harmful to file a Malicious Prosecution case ourselves?
By the way, the Libel suit has not been back in front of the Judge since the Judge denied Petitioner's Request for Injunctive Relief in early 2005 and Petitioner's representative withdrew. Petitioner is hiding behind the Soldier's and Sailor's relief act in the suit brought against him by his prior attorney and tells the Judge in our case that he hasn't had time to find a new representative even though it's been half a year.
Thanks for your help.