Author Topic: WE WON!  (Read 3785 times)

mudpuppy

  • Hero Member
  • *****
  • Posts: 1276
Re: WE WON!
« Reply #15 on: November 11, 2012, 10:24:28 AM »
Virtually every attorney in every civil  case asks for the client's attorney fees as a matter of course. I would be very surprised if you got to see the other sides records unless they were actually awarded their fees which, since they were thrown out of court on their ears, is obviously not going to happen.

The judge seems to me to be clearly signalling both sides that you will be awarded your fees, which means you have little reason to agree to some pittance and they have every reason to fear what the judge will do.
If you are awarded fees for the underlying case you are also almost certain to be awarded them for any appeal they may file.
 Typically a loser has an absolute right to file an appeal so I doubt the judge can do anything about it they choose to and once the appeal is filed it will no longer be in the trial judge's hands but will be assigned to whatever appellate court has jurisdiction where you live..
If you want something beyond your court costs and attorney fees you will probably have to file another lawsuit alleging malicious prosecution, abuse of process, etc.
Not sure how it works where you're at but judges are typically assigned to cases and may not take over other cases as they choose. It might be possible to have whatever other cases exist consolidated with the present one.

mud

gratitude28

  • Hero Member
  • *****
  • Posts: 2582
Re: WE WON!
« Reply #16 on: November 19, 2012, 10:55:15 PM »
A huge congrats to you, Lighter! May your family be happy.
"There is a theory which states that if ever anyone discovers exactly what the Universe is for and why it is here, it will instantly disappear and be replaced by something even more bizarre and inexplicable." Douglas Adams

lighter

  • Hero Member
  • *****
  • Posts: 8638
Re: WE WON!
« Reply #17 on: November 20, 2012, 10:28:05 AM »
Thank you, gratitude:

Mud, we had to put together all our itemized fees,  file them with the court, and forward a copy of same to opposing counsel..... they get to see what we spent, and how it was spent. 

IF the IL's are going to ask us to pay their fees.... highly unlikely...... they'll have had to have filed them with the court last week, which is public record, even if they failed to mail a copy to us, we'll get to see it.  That said, I haven't heard a peep from my attorney since getting those figures together, and filed..... an obscene amount.

If the IL's file a request for reconsideration, they'll lose.

If they win an appeal, they end up back in front of this Judge, and I don't see that working out for them any better this time, than the last.

Maybe a whole lot worse if I can file a counter suit for whatever one files.... harassment, frivolous lawsuit, malicious prosecution, etc.

Maybe that would be the best case scenario for me..... getting the IL back in front of THIS particular Judge, bc she's all over them, and can't be bought or influenced.  She really is the very best Judge I could have drawn for this case.

::knocking wood::

Lighter