Appealing Dismissal With Prejudice

Summary

Appealing a dismissal with prejudice is challenging but possible, especially if procedural errors or medical conditions like stage 4 kidney disease are involved. Ensure all medical records and communication issues are documented. Follow up with the court clerk for updates on motions and consult your attorney for guidance. Consider filing a motion to vacate or reconsider the dismissal, highlighting any procedural errors or justifiable reasons for missing hearings.

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Its a partnership case and to dissolve it it takes a court to wind up the financial affairs. so that means I can nover dissove the partnership? But opposing counsel 's agument is that a partnership never existed. Howver I have stock power certificate stating that I was one third partner. But upon my fiancial advisor's direction i transferred it to the other partner. I recived no value for the transfer. So becuase I transferred it I no longer am a partner? Becuase it had been transferred doesnt that prove ownership?
It seems like you have a complex situation. Here are some points to consider:
- Partnerships can be dissolved if there is no formal agreement, typically requiring a court's involvement for financial affairs.
- Ownership transfer typically signifies you are no longer a partner, especially if you received no value in return.
- Your stock power certificate could support that a partnership once existed.
Could you clarify if there was a formal partnership agreement and if you have any written communication regarding the partnership?
i went into partnership with my CPA who had been my CPA for several yeras so I trusted him. I have the asset purchase agreemwent that he bought my company's assietrs from bankruptcy court. I have a loan document agreement where he made me a quarentor labeling me a sharholder and I have a few years tax retuns where I am labeled as an iofficor of the formed comapany.
- Partnerships in Massachusetts can be dissolved either through formal agreements or court involvement.
- A stock power certificate can indicate partnership, but transferring it typically means you relinquished ownership.
- Dismissals with prejudice can be appealed if you show procedural errors or justifiable reasons for missing the hearing.
Do you have any written communication or formal documents that outline the terms of the partnership or your role within it?
no. I missed the email in October becuase I had not expected it since the jury trail was schedule for december. I recently was disgnosed with stage * kidney disease.
Case Rating: *.
Appealing a dismissal with prejudice due to missed communication and your medical condition could be possible. Key steps:
- File a motion to vacate the dismissal citing your medical diagnosis and lack of notice.
- Consult with your attorney for detailed guidance.
Would you like more information on how to file a motion to vacate in Massachusetts?
I filed an emergency motions to vacate dismissal and * suppl. motions and a follow up. Its in R.I.
Appealing a dismissal with prejudice can be challenging, but your medical condition and lack of notice could provide a strong basis for appeal. Here are some points to consider:
- Ensure all your medical records and documentation of your condition are submitted to the court.
- Follow up persistently with the court clerk for updates on your emergency motions.
- Consult closely with your attorney for detailed procedural guidance.
Would you like more information on the appeal process?
In addition part of the CPA's misconductlead to a judgement against me procedurally in bankruptcy court. The trustee recently filed a motion to sell the judgement. What are the changes of putting astay on the motion? Given that the merits of the case have never been ajudicated?
To better assist you, could you clarify if any procedural errors or other relevant information were overlooked during the bankruptcy court proceedings?
Yes. the CPA who was my partner had me move from chapter * to chapter * based on promises . He now owns the building .
It sounds like you have a very complex legal situation involving both partnership disputes and bankruptcy issues. Here are some general points to consider:
- You might be able to file a motion to stay the trustee's motion to sell the judgment, particularly if you can show the merits of your case haven't been adjudicated.
- It's essential to highlight any procedural errors in your filings.
- Consult closely with your attorney for specific legal strategies.
Do you need more information on filing a motion to stay in bankruptcy court?
Why would the court file a random dimssal on my case last wednesday if he had already dismissed the case ? It seems to me his next produral task would have been to dney my motions to vacate the dismissal. Right?
It’s possible the court filed a dismissal due to procedural necessities or clerical errors. To better understand:
- Was the initial dismissal with or without prejudice?
- Have you received any official court communication since last Wednesday?
These details could clarify the court's actions.
with prejudice. I have recieved no communication from the court since two weeks ago when they gave me notice to hear my motion to vacate dismisal with prejucice dated for last Monday. So its been a while since I have recieved communication from the court.
Given the complexity of your situation, it’s crucial to take immediate action. Here are some steps to consider:
- Follow up persistently with the court clerk for updates on your motions.
- Ensure all your medical records and any communication issues are documented and submitted.
- Consult with your attorney about the possibility of filing a motion to reconsider or appeal the dismissal.
Is there any specific information you need about filing a motion to reconsider or the appeal process?
I have just sent a letter to the claerk. My next motion will be for reconsideration including a formal medical document. Is a medical reason a straong reason to vacate a dimissal?
A medical reason like stage * kidney disease can be a strong basis to vacate a dismissal, particularly if it impacted your ability to respond to court communications or attend hearings. Ensure you provide thorough medical documentation and clearly explain how your condition affected your case.
Would you like more information on the specific steps to file a motion for reconsideration in Massachusetts?
I am going to first wiat to recieve the update about my motions from the clerk. Right?
Yes, waiting for an update from the clerk is a reasonable next step. Ensure you have documented all your communications and medical records for any future motions. Keep in close contact with your attorney for guidance on the next steps.