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AK lawyer · Nov 13, 2010, 04:42 PM

Originally Posted by creid59

... I'm not sure what contractual language in the contract the magistrate is talking about, he never told me. This is an appeal without a jury.

An appeal usually means that the higher court is asked to reverse the lower court because the lower court made some sort of a mistake. As I twice told you, it doesn't usually mean that you get to re-try the case before the appellate court. But it could be depending on the applicable appellate rules.

One basis for appeal might be that the magistrate failed to explain himself. He threw out the contract without explanation. Also, with respect to rental situations, you should be entitled to the reasonable value of the rental, for the rental period, whether there was a valid lease.

A dismissal "without prejudice" means that you aren't allowed to simply re-file the case and try again.

creid59 · Nov 13, 2010, 08:48 PM

Thanks so much for your advice. The judgement was dismissed with prejudice. What does that mean?

AK lawyer · Nov 13, 2010, 10:09 PM

Originally Posted by creid59

Thanks so much for your advice. The judgement was dismissed with prejudice. What does that mean?

Oh, sorry, I meant to write just the opposite:

A dismissal "with prejudice" means that you aren't allowed to simply re-file the case and try again. That's what I should have written. :o

creid59 · Nov 16, 2010, 02:41 PM

Can I sue the townships prosecutor for failing to do her job in a criminal case, where I and my roommate was assaulted by my x-boyfriend who came to my house unannounced. He won his case because he had a mover and shaker atty who I have to say really painted a good pic of me being the controller. The prosecutor and did not subpoena any of my witnesses as they were suppose to. When she did not cross examine my x her questions were dry, and she showed unconcern, as if she had not prepared for the case. I told her if he won this case he would continue to email, drive by, call me etc... sure enough that's what he did. I start getting emails the next day, and drive by's. I called her office to report this, she sounded unconcerned. Left messages with her boss, have not received a call back yet. Maybe I'll talk to the city counsel, or Mayor or even the media. HELP!!

smoothy · Nov 16, 2010, 03:53 PM

Originally Posted by creid59

Can I sue the townships prosecutor for failing to do her job in a criminal case, where I and my roommate was assaulted by my x-boyfriend who came to my house unannounced. He won his case because he had a mover and shaker atty who I have to say really painted a good pic of me being the controller. The prosecutor and did not subpoena any of my witnesses as they were suppose to. When she did not cross examine my x her questions were dry, and she showed unconcern, as if she had not prepared for the case. I told her if he won this case he would continue to email, drive by, call me etc... sure enough that's what he did. I start getting emails the next day, and drive by's. I called her office to report this, she sounded unconcerned. Left messages with her boss, have not received a call back yet. Maybe I'll talk to the city counsel, or Mayor or even the media. HELP!!!

You can try... but YOU are going to have to pay out thousands (possibly tens of thousands of dollars) for legal representation to do it, and you would have an uphill battle and might still lose. Do you have that much?

creid59 · Nov 16, 2010, 04:35 PM

No, I don't have thousands of $$ to waist on such a looser. Too bad my tax $$ are going to support her. How about if I file a complaint with her boss, at least he will know what I feel about the case and maybe there have been other complaints on her. Maybe this will open her boss' eyes and actually discipline her. Worth a try or not?

smoothy · Nov 16, 2010, 05:23 PM

Only you can decide if its worth spending your scarce money on.

Personally, I think it's a lost cause, They didn't get into that position by not being really good at winning. You not only have to have enough evidence... you are going to have to have a lawyer that even better than they are... that can convince a jury... and what would winning get you in the end? And how would you pay the legal fees you are certain to run up. And you won't be fighting that in small claims court.

Its your choice... but give that some thought first. And remember, they are already a Prosecuter for the township... the hurdle you would have to jump is going to be higher than usual.