Re: Filing a motion for Summary Judgement

Posted by Rlee from Oh (207.221.79.57) on December 08, 2003 at 11:24:53:

In Reply to: Filing a motion for Summary Judgement posted by Horeheym on December 08, 2003 at 10:35:40:

Are you trying to collect from them, in other words did your answere include a counter claim for damages, or are you just wanting the case dismissed with prejudice?? I am not a lawyer but I think if you just want the case dimsissed then you would file a motion to dismiss with prejudice.
(of course stating your reasons why ) If the is a countersuit with damages then you would then file a motion for summary judgement. I think they are two different things. Hopefully someone else will chime in who knows the procedure in your state.

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