non suit texas

[fatboy]

CCC non suits case with prejudice. Can the ccc refile, and if they can, how long do they have to do so?


The result is different where the nonsuit issues with prejudice. See, e.g., America’s Favorite
Chicken Co. v. Galvan, 897 S.W.2d 874, 877 (Tex. App.—San Antonio 1995, writ denied, 934 S.W.2d 409)
(order of dismissal of a cause pursuant to a nonsuit becomes a final judgment after the court’s plenary
jurisdiction expires) (citing Harris County Appraisal Dist. v. Wittig, 881 S.W.2d 193, 194-95 (Tex.
App.—Houston [1st Dist.] 1994, orig. proceeding)); see also Felderhoff v. Knauf, 819 S.W.2d 110, 111 (Tex.
1991).


Is this quote correct?

[centex]

It would be helpful to know whether you were citing from a previous case or from the RCP in annotated version...

That being said, if a dismissal order issues following the non-suit, you really need to look to make sure that the WITH PREJUDICE carried over to the Order.

Further, you need to review the current tenor of the CoA for the jurisdiction that you are in. Although the prior writ shows to have been denied, there may have been subsequent appeals in other cases that will require you to have done your research.

[fatboy]

Thanks Centex

The case the quote came from is 14-00-01206-cv.

My case has just been nonsuited. The attorney said it would be with prejudice. Is this preferable?

[fatboy]

Just got court papers. It was dismissed with prejudice. Can the ccc refile on this?

[centex]

Quote:

Originally Posted by fatboy Just got court papers. It was dismissed with prejudice. Can the ccc refile on this?

The same lender would be unable to litigate without you being able to quash it. Can they refile? Sure, but you have remedies.

The same general principle holds true if they sell it off and someone else attempted to litigation.

You just need to remain vigilant...

[fatboy]

Thanks centex

With this dismissal can I get the cra's to delete the trade line for this ccc.

[centex]

Quote:

Originally Posted by fatboy Thanks centex With this dismissal can I get the cra's to delete the trade line for this ccc.

Standards for reporting are not the same as for litigation. Do not expect the CRA to remove. You will need the furnisher to delete...a properly worded letter to their counsel should get what you need.

[fatboy]

Thanks again