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Re: FunkyCoolModena post# 43498

Sunday, 12/20/2015 11:10:21 AM

Sunday, December 20, 2015 11:10:21 AM

Post# of 47790
Thanks for your post. I have some questions of your first and last paragraphs. " I think the problem before may have been failure to include what was testified to in another court case". What "case" are we talking about and how does any testimony of another case relate to ours? If that is so, wouldn't the first Judge have known that, if so, why wasn't it passed to the second Judge, how is that our fault? Why was our case assigned to an unqualified Judge, why wasn't our case referred back to the clerk who would then assign our case to a qualified Judge? One would think that whomever assigned this Judge our case doesn't have a clue to their background, would bet my last dollar it wasn't the clerk. Why are we just now finding out about these "problems", how many more exist that we now don't know about? Why didn't our attorneys see these problems and address them in court or by a brief? These problems are just now coming to light on the first hearing by a Judge in her own admission is not qualified to hear this case, why, and why wasn't any problem identified by the first Judge? How does an unqualified Judge know what or what not applies to our case and why were they not used before as a reason to dismiss our case?

"Let's see if this really get's tossed out or just refiled in a different way different Judge". From what I know the only reason given for the case to be dismissed was that the second Judge didn't know the law well enough to hear it, now , it seems there are other reasons, what are all the reasons and why weren't those good enough for the first Judge, who was qualified, cited to dismiss our case? How does an unqualified Judge dismiss a case on the first hearing, and as I am to assume not hearing any attorney speak? If we did speak up, what was said?

The clerk is charged with matching up the cases with Judges, that means they know what Judge would be qualified to hear a particular case. If the Judges willy-nilly hand off cases to just anyone, we are in for a very long trip here not to mention spending a lot of money getting to third base only to find ourselves being told by the ump to walk to the dugout time after time with the count being 3 2, 1 out & the score 0-0 in the first inning.