• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Case dismissed?????

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? Missouri

I've been tracking my husband's case online. We are in PA and the case is in Missouri. His ex has been dragging this case out for three years and we were finally going to trial July 7, 2005. We weren't even trying to get custody...this is just over a parenting agreement and joint legal custody.

The court dockets said on Friday she filed for a dismissal and both parties agreed. Now there's no trial date and the court entered a judgement against her for costs. My husband and I know NOTHING of this. We are trying to get hold of his lawyer to find out but ANY ideas what could have happened here for my own piece of mind? :confused:
 


I AM ALWAYS LIABLE

Senior Member
difficult3 said:
What is the name of your state? Missouri

I've been tracking my husband's case online. We are in PA and the case is in Missouri. His ex has been dragging this case out for three years and we were finally going to trial July 7, 2005. We weren't even trying to get custody...this is just over a parenting agreement and joint legal custody.

The court dockets said on Friday she filed for a dismissal and both parties agreed. Now there's no trial date and the court entered a judgement against her for costs. My husband and I know NOTHING of this. We are trying to get hold of his lawyer to find out but ANY ideas what could have happened here for my own piece of mind? :confused:


My response:

Thank you for that wonderfully exciting story. Now, what would you like from us?

IAAL
 

rmet4nzkx

Senior Member
When they don't prevail or waste the courts time, they may also be ordered to pay the other side's costs as well, that is why you need to speak to your husband's attorney.
 
I don't know how long it will take to hear back from the attorney so I'm looking for ANY ideas on how this dismissal could have happened. Are we stuck starting all over again? Would they dismiss this with no signed parenting agreement? I'll take a good educated guess.
 

LdiJ

Senior Member
difficult3 said:
I don't know how long it will take to hear back from the attorney so I'm looking for ANY ideas on how this dismissal could have happened. Are we stuck starting all over again? Would they dismiss this with no signed parenting agreement? I'll take a good educated guess.

You said that it said that "both parties agreed". Therefore your husband's attorney had to agree on his behalf. There has to be a reason why his attorney agreed (unfortunately I can't think of one though) so the only person that can answer the question is the attorney.
 
Prior to this she was showing obvious signs of fearing going into court. My guess is that she withdrew her case to avoid going to trial. After all...she is pretty much holding his kids hostage in Missouri and has nothing to gain by a custody agreement. So...it has already been three years of delays...why not drag this out further.

If I'm right...

Can she withdraw her case without us agreeing? (She filed in MIssouri after we filed in PA--case was closed in PA because after all this time we thought we wouldn't get jurisdiction)

Can she refile if we were to refile in Missouri?

Would they withdraw this with NO parenting agreement?


I know it's hard to tell...but I'm having a nervous breakdown waiting to hear from the attorney.
 

rmet4nzkx

Senior Member
Patience.
Breathe, breathe.........
Do something to distract yourself,
These are questions the attorney can answer.
 

BL

Senior Member
difficult3 said:
Prior to this she was showing obvious signs of fearing going into court. My guess is that she withdrew her case to avoid going to trial. After all...she is pretty much holding his kids hostage in Missouri and has nothing to gain by a custody agreement. So...it has already been three years of delays...why not drag this out further.

If I'm right...

Can she withdraw her case without us agreeing? (She filed in MIssouri after we filed in PA--case was closed in PA because after all this time we thought we wouldn't get jurisdiction)

Can she refile if we were to refile in Missouri?

Would they withdraw this with NO parenting agreement?


I know it's hard to tell...but I'm having a nervous breakdown waiting to hear from the attorney.


Medicate yourself with a Few glasses of wine , and wait for the attorney's reply .

Maybe the Dad's attorney now has something up his sleeve . That thought will keep you busy , with the wine .
 
First off... you can track Missouri cases here.. http://www.courts.mo.gov/casenet/base/welcome.do


Bad news from his IDIOT attorney. Said she just had the case dismissed and didn't need us to do it. Told my husband that there's nothing we can do and that we can't even go after her for court costs. He told my husband that all we can do is start all over again in Pennsylvania. Also claimed she couldn't then refile in Missouri.

THREE YEARS this was dragged out and this guy told us we had no choice!
This is the fifth lawyer my husband has worked with. Three in Pennsylvania...two in Missouri.

I don't know what to do anymore. We've only been married a month. To make matters worse...he just lost his job.

Can ANYBODY help in ANY WAY?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top