What should I file

[vonplatte]

What is the name of your state?Florida
I am currently the defendant in a Complaint and Demand for Jury Trial and for Injunctive Relief. The Plaintiff, through his counsel, alleges that a letter I wrote to he Commander and other base personnel caused him to lose his job. Deposition of Plaintiff's supervisor states that Plaintiff did not lose his job nor did he suffer any damages due to the letter. Plaintiff acknowledges that the content of the letter is true. I was going to prepare a Motion for Summary Judgement, but my understanding is that it is only used when application of the law is in question, not the validity of the actual pleadings. My research on the prong test for Motion for Dismissal also indicates that it would not be the appropriate pleading either. Perjury is only prosecuted by the State, and the State is not interested in my puny little case. What should I file?

 

[seniorjudge]

What is the name of your state?Florida
I am currently the defendant in a Complaint and Demand for Jury Trial and for Injunctive Relief. The Plaintiff, through his counsel, alleges that a letter I wrote to he Commander and other base personnel caused him to lose his job. Deposition of Plaintiff's supervisor states that Plaintiff did not lose his job nor did he suffer any damages due to the letter. Plaintiff acknowledges that the content of the letter is true. I was going to prepare a Motion for Summary Judgement, but my understanding is that it is only used when application of the law is in question, not the validity of the actual pleadings. My research on the prong test for Motion for Dismissal also indicates that it would not be the appropriate pleading either. Perjury is only prosecuted by the State, and the State is not interested in my puny little case. What should I file?

File everything. The judge doesn't come off the bench and beat you up; just says, "Overruled" or "Granted."

 

[badapple40]

Where did the Plaintiff "admit" everything in the letter was true?

In a pleading? In response to your discovery? In a deposition?

Or was it in a settlement conference or some other informal means?

 

[vonplatte]

What should I file?

State of Florida - Letter to Commander states that Plaintiff committed battery by touching me against my will. Plaintiff admitted during a hearing for Injunction that he touched me. Plaintiff's commander, during deposition, stated that the letter writted by me had no effect on the Plaintiff's career whatsoever. Plaintiff actually transferred jobs voluntarily for a better position, but still remains employed by the Army.