Re: WhyChat's Program Works!!! (Of course)

Posted by Boadicea (66.149.179.202) on May 11, 2004 at 13:42:56:

In Reply to: Re: WhyChat's Program Works!!! (Of course) posted by casey on May 11, 2004 at 13:34:35:

Thanks, casey...and Good Luck!!

No, I didn't even get a chance to argue my case. As soon as we were called to the bench, the plaintiff's attorney immediately moved for a dismissal without prejudice. I objected and asked for dismissal with prejudice, but since the judge didn't even have an opportunity to hear the case it was denied.

HOWEVER, the case was already outside the SOL when it was filed. Dismissing the case long after the SOL has expired means they can NOT refile it, especially since they've been put on notice that the statute had expired by my affirmative defense.

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