Elizabeth C. asked
What motion should I file to move forward in court when the opposing party has filed a motion for continuance, and their lawyer has quit since last year, causing delays in the case?
September 10th, 2023
Sonya H. answered
You can file a motion to deny the continuance and to proceed with the case. The court has the discre...
September 10th, 2023
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I faced malpractice by my disbarred attorney who missed the deadline for a summary judgment motion, resulting in a judgment lien. Despite paying off the lien, the lien holders refuse to release it unless I sign blanket waivers, which is illegal. They blackmail me for 'collection fees' every time I sell real estate, and the excess funds go into the court registry. The original judge ruled that they must release the liens, but the log notes and CD went missing, making it hard to prove the ruling. The new judge added a clause that if I appeal, they don't have to release the liens. After the order, the missing CD and log notes were found. I appealed but missed the deadline for filing a brief in chief due to not receiving court mail. I asked for an extension but was defaulted on. I plan to file my brief in chief and argue that the opposing counsel's refusal to release the liens to prevent me from hiring an attorney contributed to me missing the deadline. I want to argue latches and that they cannot benefit from their actions. What are your thoughts on this argument and how can I develop it?
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