right, i understand the random assignment, but don't understand how the judge could take not filing an objection and motion for transfer earlier as a waiver. The other thing is even if clyw gets back to the 151st what are the odds that clyw will even have the same judge? I just don't see the advantage unless it automatically admits all of the earlier evidence. The problem I see is that the judge may not understand that the dismissal w/ prejudice was part of the agreement and not a matter reasoned by a jurist, I suppose if markel comes at this again he will clarify this with the current judge?
The case was Randomly filed in the 333rd district. The case didn't become appropriate for mandatory (The language is "SHALL" be transferred...not "MAY" be transferred - there is no discretion) transfer until the counterclaim was filed bringing in all of the claims about the previous case. Thereafter Storm LLP withdrew and when Markle came on board his hands were full as the judge did not grant a continuance. Once Markle was able to come up to speed, he realized we were in the wrong court.
Thank goodness as this judge seems to "like" Daic/Williamson. Wonder if it is the influence of Judge Sears?
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