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Author Topic: court yesterday -  (Read 1418 times)

wysiwyg

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court yesterday -
« on: Sep 28, 2006, 10:56:27 AM »
Soc (changed and spelling corrected :)  )

updated in post below!

THX


socrateaser

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RE: court yesterday
« Reply #1 on: Sep 28, 2006, 11:46:25 AM »
Please rewrite your facts. I can't figure out who the "him", "he" and "her" is.


wysiwyg

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court yesterday -
« Reply #2 on: Sep 28, 2006, 10:56:27 AM »
Soc (changed and spelling corrected :)  )

updated in post below!

THX

socrateaser

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RE: court yesterday
« Reply #3 on: Sep 28, 2006, 11:46:25 AM »
Please rewrite your facts. I can't figure out who the "him", "he" and "her" is.


wysiwyg

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RE: court yesterday - UPDATED
« Reply #4 on: Sep 29, 2006, 09:00:49 AM »
Soc (changed and spelling corrected  )

was in court yesterday, long story, but have a question. As I asked before in March hearing BM was asked questions by our attorney and she responded that due to attorney client privledges she was not going to answer. You had thought some weird stuff was going on in regards to her attorney.

Yesterdays hearing was done by summary by both attorney's with approval from BM and myself. BM's attorney stated that the reason BM did not pay BF attorney's fees via last court order was due to BM's attorney's failure to appear in court for the hearing that was continued, and 2 hours of BM's attorney's billable time, and to punish him (BM"s attorney) and not BM. The hearing yesterday was on CS. The order BM's attorney referrs to was a contempt oder on BM for failure to abide by a court order for mediation and was fined for not following the courts 2 prior orders.

1. what do you make on that above comment?


2. BM was to pay BF's attorney's fees in 90 days, did not, got a judgement, OTA in August, neither BM nor her attorney appeared or gave notice to not show in court or continue the hearing. New hearing is on MOnday for no show last time and failure to pay fines for contempt and to attach BM's wages and proof of income/assets. This is not anything BF will have to testify at. I know you do not have your crystal ball there, but based on above if you were the judge, how would you rule?

Thank you.


socrateaser

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RE: court yesterday - UPDATED
« Reply #5 on: Sep 29, 2006, 09:43:19 AM »
>1. what do you make on that above comment?

Non Sequitur. Not paying the opposing attorney does not vindicate a person's rights with respect to their own attorney.

The statement is nonsense, however it might lead to a defense, because a person who doesn't understand the nature and quality of their actions, may be deemed to not have the necessary willful and conscious disregard for the court order to obtain a contempt.

Sort of like an insanity defense. LOL!

>2. BM was to pay BF's attorney's fees in 90 days, did not, got
>a judgement, OTA in August, neither BM nor her attorney
>appeared or gave notice to not show in court or continue the
>hearing. New hearing is on MOnday for no show last time and
>failure to pay fines for contempt and to attach BM's wages and
>proof of income/assets. This is not anything BF will have to
>testify at. I know you do not have your crystal ball there,
>but based on above if you were the judge, how would you rule?

I'd reserve judgment on the contempt, if BM agrees to undergo a psychological evaluation to determine if she has a serious mental disorder. If she refused, then I'd find contempt and make appropriate orders -- although I'm not sure what's appropriate at the moment.

 

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