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

    Aug 16, 2011, 09:36 AM
    Can a second judge in a counterclaim re-open a prior dismissed case?
    I filed a counterclaim against a plaintiff and had my hearing yesterday. The defendant did not show up for her case when she originally filed as plaintiff and that judge dismissed her case. However, the second judge yesterday allowed that defendant to provide details of her former case during my counterclaim suit which should have had no relevance. I felt that this judge moved in her favor by asking me questions related to her former case that was dismissed by the previous judge. I am seeking to appeal. Should I and can I appeal this judge's decision? I feel the second judge was partial to the defendant by allowing her to reopen her case which should have been dismissed by another judge.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 16, 2011, 09:50 AM
    Quote Originally Posted by TBlair View Post
    ... Should I and can I appeal this judge's decision? ...
    Hard to say without knowing all the facts. But a judge has great discretion in determining what facts are relevant and which are not. It is likely that the judge felt that the details of the previous case were somehow pertinent to your counterclaim. I would guess that this judgment call won't be overturned on appeal.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Aug 16, 2011, 09:51 AM
    You should have dropped the counterclaim when her case was dropped, and opened a new one. You opened the door to the old case.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 16, 2011, 09:55 AM
    Quote Originally Posted by joypulv View Post
    You should have dropped the counterclaim when her case was dropped, and opened a new one. You opened the door to the old case.
    Naw. Wouldn't have made any difference. And to do so would have opened the issues of whether it was a dismissal with prejudice; permissive versus mandatory joiner.
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