Heather V. asked
I had a hearing on the Defendant's Motion to dismiss my 3rd Amended Complaint as the Plaintiff and lost. I argued that there was a new ongoing tort and new damage due to negligence during the cleanup, which should move me back into the statute of limitations. However, the judge asked if I argued ongoing and new damage in the original complaint, and I mistakenly said I did, which would bar me from arguing the same allegation in the 3rd Amended Complaint. I am preparing a Motion for a rehearing to clarify this before appealing. Am I going about this the right way, and if what I say is true and documented, will the judge give me a rehearing? Am I correct in understanding that the 3rd Amended Complaint must contain new allegations not considered in the original complaint?
July 13th, 2023
Christopher M. answered
Yes, you are proceeding correctly by preparing a Motion for a rehearing to clarify the miscommunicat...
July 13th, 2023
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