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    Rouxster1's Avatar
    Rouxster1 Posts: 1, Reputation: 1
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    #1

    Apr 23, 2008, 09:51 AM
    Motion to dismiss small claims Texas
    Can I file a motion to dismiss a small claims case against me requesting damages for a case previously ruled on in municipal court? Judgement found no fault in my favor. Plaintif had opportunity to appeal but did not do so.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 23, 2008, 09:55 AM
    If the case has been adjudicated in another court, then I would think that was grounds for dismissal. Get a copy oif the docket number and dates and the ruling and submit that to the judge with a motion for dismissal.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 25, 2008, 05:50 AM
    Quote Originally Posted by Rouxster1
    Can I file a motion to dismiss a small claims case against me requesting damages for a case previously ruled on in municipal court? Judgement found no fault in my favor. Plaintif had opportunity to appeal but did not do so.

    If this second case involves the identical situation as the first, certainly, the matter has already been adjudicated.

    You can't keep going Court to Court until you hear the answer you like.
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