Global Digital Solutions Inc (GDSI)

[Coreton]

Words are hard. Right. It’s simple.

You say. Delgado can not unilaterally waive condition 1 or 2.

I say. Show us the language in the SPA that supports your claim.

I have provided the language in the SPA that supports my statement that yes Delgado/ GDSI has the right to waive not only 1 and 2 but any other aspect of the SPA concerning their Due Diligence at their sole discretion I’ll post it again here for those that may not be up to date. Section 3 “conditions” of the SPA. 3.1.11. There has been no waiver of 3.1.11 by GDSI nor has there been a request in any form to remove, modify or otherwise change 3.1.11.

You claim the complaint is dismissed. Show us the ruling where this claim was dismissed.

A claim dismissed would not then subsequently be scheduled for trial. Your claim to a dismissal is proved false by the facts.

As pointed out in past posts. A motion, any motion let alone a MTD that is granted “without prejudice” is subject to correction and once submitted is treated as tho no action on the matter was ever undertaken. The FAC is now the only Complaint and any complaint prior is ignored as is any action taken as a result of that original filing.

Neither side can raise the original complaint, the MTD as a result of that complaint or any action taken as a result of that complaint nor the ruling in future pleadings in support of their position. This is the law. These are the facts of the case.

“Without Prejudice” is a legal term and the definition and results of rulings do not change from jurisdiction to jurisdiction. Regardless if it’s Local state or federal. If it’s in the USA the meaning is the same and carries the same weight.