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11-01-2006, 11:00 AM
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#1 | | Elite Member
Join Date: Jul 2006
Posts: 772
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While I know that the majority of you disagree with this, I am asking you to help me in making sure what I have written is sufficient.
I have to file this in a couple of hours, simply because I don't have anymore time to take off from work.
I am crying my eyes out at this time and it is very hard for me to make sure this makes sense.
So, please help me.
This letter is to clarify what I am requesting of the Court.
I have attached 2 motions one to correct clerks error to reflect that the defendant, me was awarded a motion for summary judgment on September 19, 2006 verses the plaintiffs, them. The second motion is a final judgment order that does not stipulate any cost to be awarded to the defendant.
At this point I can no longer fight for my rights in this case as it has consumed 11 months of my life. I am asking the Court to sign the Final Order for the summary judgment. I am relinquishing all finanical rights to any sums I am entitled too, so that the Final judgment will be signed without any further court hearings.
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11-01-2006, 11:42 AM
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#2 | | HONORED GUEST
Join Date: Jun 2006 Location: West-By-God-Virginia
Posts: 6,725
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Do you have a rough draft?
__________________ Let's Go Mountaineers!! Let's Go Drink Some Beers!! If something seems too good to be true, it is best to shoot it just in case... Nothing I post on this forum should be construed as legal advice. |
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11-01-2006, 11:53 AM
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#3 | | Elite Member
Join Date: Sep 2006
Posts: 1,150
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Ruby all I can say is I truly admire you for standing up for yourself.
While things got complicated at the end I think you are an amazing lady and if everyone acted as you have....things would be better for everyone.
Thank you.
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11-01-2006, 12:14 PM
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#4 | | Elite Member
Join Date: Jul 2006
Posts: 772
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This is the letter I am sending unless it doesn't make sense, then I will try and fix it. the rough daft of the motion to correct is on the site I think but here it is again
FINAL ORDER JUDGMENT-DEFENDANTS
Defendant, pro se having moved the court for a summary judgment, and it appearing to the court that there is no genuine issue as to any material fact and that the defendant is entitled to a judgment as a matter of it is
ORDERED AND ADJUDGED, that summary judgment is granted hereby in favor of defendant against plaintiff, and the complaint is dismissed.
This the___________day of_____________, 2006.
ORDER CORRECTING CLERICAL ERROR
On Motion of the Defendant, me pro se to correct a clerical error on the court ticket entered in this action on the 19th day of September, 2006,, and it is appearing to the satisfaction of the Court that the court ticket does contain a clerical mistake, in that the court ticket improperly indicates the Plaintiff was granted Summary Judgment, when the proper designation was the Defendant was granted Summary Judgment.
IT IS THEREFORE ORDERED AND ADJUDGED that the courts ticket entered in this action be altered and amended to reflect Defendant was granted Motion for Summary Judgment.
DONE AND ORDERED in Chambers at Tampa, Florida this ____________day of,_____________,_____________
MOTION TO ALTER OR CORRECT CLERICAL ERROR
The defendant, pro se moves this Court to amend the Courts Ticket entered in said cause on the 19th day of September, 2006, by correcting a clerks error on the court ticket which refers that the Plaintiff was granted a Summary Judgment, when the court ticket should reflect the Defendant was granted Summary Judgment.
Last edited by rubyruby27; 11-01-2006 at 12:17 PM.
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11-01-2006, 12:19 PM
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#5 | | HONORED GUEST
Join Date: Jun 2006 Location: West-By-God-Virginia
Posts: 6,725
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Ruby, while I have never had to motion to fix a clerical error, this looks sufficient to me. If you have the transcript where the judge granted MSJ to you, include that as well and note where on the transcript the judgment is contained.
__________________ Let's Go Mountaineers!! Let's Go Drink Some Beers!! If something seems too good to be true, it is best to shoot it just in case... Nothing I post on this forum should be construed as legal advice. |
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11-01-2006, 12:22 PM
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#6 | | Elite Member
Join Date: Jul 2006
Posts: 772
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Is my letter to the courts saying I don't want any more hearings and I don't want the cost just sign the final order and let me go on with my life sufficient.
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11-01-2006, 12:29 PM
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#7 | | HONORED GUEST
Join Date: Jun 2006 Location: West-By-God-Virginia
Posts: 6,725
| Quote:
Originally Posted by rubyruby27 Is my letter to the courts saying I don't want any more hearings and I don't want the cost just sign the final order and let me go on with my life sufficient. | You shouldn't put it quite that way...you should just withdraw all pending counterclaims and also ask where to have the court reporter to send the invoice for services rendered, or how you go about getting your $$ if you already paid the invoice. Attach copy of court reporter invoice as well since you were awarded those in the judgment. If you already paid the invoice, attach your receipt or copy of cancelled check or something to show it was paid. An affidavit might work as well just stating that you paid it and how you paid it, notarized of course.
__________________ Let's Go Mountaineers!! Let's Go Drink Some Beers!! If something seems too good to be true, it is best to shoot it just in case... Nothing I post on this forum should be construed as legal advice.
Last edited by hannah; 11-01-2006 at 12:32 PM.
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11-01-2006, 12:50 PM
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#8 | | Elite Member
Join Date: Jul 2006
Posts: 772
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This letter is to clarify what I am requesting of the Court.
I have attached one motion and two orders. The motion is to correct clerks error to reflect that the defendant, was awarded a motion for summary judgment on September 19, 2006 verses the plaintiffs, .
The first Order is to grant the motion to correct clerks error. The second Order is for Final Judgment. I am seeking final judgment to simplify this matter due to the burden it has put on me for the past 10 months to defend this action without any further court hearings.
Fraud helped with the wording to a point-at least my gut isn't retching as much, it was tearing me up to say I relinquish my rights.
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11-01-2006, 12:59 PM
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#9 | | HONORED GUEST
Join Date: Jun 2006 Location: West-By-God-Virginia
Posts: 6,725
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If fraudfighter helped you word it then I am sure you are ok on the letter then. I wouldn't relinquish the adjudged reporter fees though.
__________________ Let's Go Mountaineers!! Let's Go Drink Some Beers!! If something seems too good to be true, it is best to shoot it just in case... Nothing I post on this forum should be construed as legal advice. |
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11-01-2006, 01:10 PM
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#10 | | Elite Member
Join Date: Jul 2006
Posts: 772
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I don't want you or others to think I give up just because I can't take the heat, its the money, I don't have anymore to fight with. My roommates mom died and she has been gone for a couple of weeks and I am paying all the bills, rightfully so, I am a firm believer in your family comes first and foremost.Then if my roommates inheritance comes through sooner than later I can resume my fight but right now I am emotional drained from having to give up.
I so sick over doing this, I just can't think about doing anything else, again it comes down to money. It would cost me 1,000 to file a fed case with the filing fee and serving 9 defendants. I don't have it at this time and I may not get the money in time to file (my roommate will pay me back).
My court file is so thick I can't afford to make copies to send to the bar.
Along with all that my employer screwed up and didn't pay me, then said it was past payroll time and I won't paid for another 2 weeks, well I can't pay the mortgage on time, I can't take any more time off of work to go to the law library and I will have to work longer hours until my roommate gets back and starts getting paid again.---They are paying me but it took an emotional toll getting them to pay me, I had to quit my job to get my point across, you screwed up not me.
So giving up is a great emotional stress on me, but there are no other alternatives at this time.
No, I am not wishy washy but there is time you have to walk away.
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11-01-2006, 01:15 PM
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#11 | | HONORED GUEST
Join Date: Jun 2006 Location: West-By-God-Virginia
Posts: 6,725
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I think you've done a great job!! Not everyone would have or could have gone as far as you did. After this motion, just relax for awhile. You certainly kicked that JDB square in the ASS and I commend you for it...
__________________ Let's Go Mountaineers!! Let's Go Drink Some Beers!! If something seems too good to be true, it is best to shoot it just in case... Nothing I post on this forum should be construed as legal advice. |
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11-01-2006, 01:19 PM
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#12 | | Member
Join Date: Jun 2006 Location: florida
Posts: 68
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YOU HAVE FOUGHT A GREAT FIGHT, AND WON ON THE IMPORTANT ISSUE YOU WANTED TO ACHIEVE...YOU ARE ALSO A ROLL MODEL TO US ON THIS SITE AND YOUR OTHER SITE...YOU HAVE PUT ALOT OF TIME AND EFFORT INTO LEARNING WHAT YOU HAVE LEARNED...I STILL DONT NO SQUAT EVEN THOUGH I READ AND READ AND READ...I CANT PUT IT TOGETHER AND DREAD HAVING TO GO THROUGH WHAT YOU HAVE BEEN THROUGH.
THIS HAS BEEN A SUCCESS...YOU READ, YOU LEARNED AND YOU WON..AND NO ONE CAN EVER TAKE THAT PART AWAY...REST UP, GET BACK ON YOUR FEET, AND CONTINUE THE FIGHT WHEN YOUR ABLE....V
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11-01-2006, 01:32 PM
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#13 | | Elite Member
Join Date: Jul 2006
Posts: 772
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Thank you all for your support, I am off to file my pleadings with great sorrow.
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11-01-2006, 02:41 PM
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#14 | | Elite Member
Join Date: Jul 2006 Location: In the land of reality
Posts: 861
| Quote:
Originally Posted by rubyruby27 This is the letter I am sending unless it doesn't make sense, then I will try and fix it. the rough daft of the motion to correct is on the site I think but here it is again
FINAL ORDER JUDGMENT-DEFENDANTS
Defendant, pro se having moved the court for a summary judgment, and it appearing to the court that there is no genuine issue as to any material fact and that the defendant is entitled to a judgment as a matter of it is
ORDERED AND ADJUDGED, that summary judgment is granted hereby in favor of defendant against plaintiff, and the complaint is dismissed with prejudice.
This the___________day of_____________, 2006.
ORDER CORRECTING CLERICAL ERROR
On Motion of the Defendant, me pro se to correct a clerical error on the court ticket entered in this action on the 19th day of September, 2006,, and it is appearing to the satisfaction of the Court that the court ticket does contain a clerical mistake, in that the court ticket improperly indicates the Plaintiff was granted Summary Judgment, when the proper designation was the Defendant was granted Summary Judgment.
IT IS THEREFORE ORDERED AND ADJUDGED that the courts ticket entered in this action be altered and amended to reflect Defendant was granted Motion for Summary Judgment.
DONE AND ORDERED in Chambers at Tampa, Florida this ____________day of,_____________,_____________
MOTION TO ALTER OR CORRECT CLERICAL ERROR
The defendant, pro se moves this Court to amend the Courts Ticket entered in said cause on the 19th day of September, 2006, by correcting a clerks error on the court ticket which refers that the Plaintiff was granted a Summary Judgment, when the court ticket should reflect the Defendant was granted Summary Judgment. |
Last edited by drivel; 11-01-2006 at 02:51 PM.
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11-01-2006, 05:38 PM
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#15 | | Elite Member
Join Date: Jul 2006
Posts: 772
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Thank you
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