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    shooter II's Avatar
    shooter II Posts: 2, Reputation: 1
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    #1

    Dec 29, 2008, 10:57 AM
    Trial De Nova
    I have gone through a Magistrate Court and an Arbitration Court and prevailed in both. The defendants have now retained an attorney and filed a request for a Trial De Nova but no date has been announced. How long must I wait for notice of a trial date ?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Dec 29, 2008, 01:58 PM

    Why do they want a new trial. Trial De Nova essentially means that they want a new trial 'as if' no trial has been held before. Just curious.
    shooter II's Avatar
    shooter II Posts: 2, Reputation: 1
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    #3

    Dec 30, 2008, 07:20 AM
    Quote Originally Posted by tickle View Post
    Why do they want a new trial.? Trial De Nova essentially means that they want a new trial 'as if' no trial has been held before. Just curious.
    The original amount claimed was for $3600. For house plan design services. In communications following receipt of contractor's price, defendants stated that the amount was more than they could finance. Documents presented and upheld in both courts supported an Implied in Fact Contract. The contractor appeared in court, stating that his bid for construction was under $100. / Sq.Ft. as he had stated in his initial contact with the defendants. A Licensed Structural Engineer appeared in court as an "expert witness", offering testimony that the plans were in compliance with Nationional and State building codes. The Magistrate ruled in my favor for the $3600. Defendants appealed to a Arbitration Court. Arbitrator ruled in my favor for the $3600. Plus court cost, plus 8% interest from Oct. 31, 2008.
    My opinion is that they did not qualify for a loan, are trying to avoid the design fee plus interest, and delaying proceedings. He is a chiropractor and she is his office manager

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