Recent content by boomer613

We signed the papers already and a sum was paid to the Plaintiff for the cleanup. She was seeking to access my property to clean the mess as it was difficult from her property (creek to cross). In return, I agreed only if the cleanup was done by a specific contractor and the company was...

Just an update to let you guys know how appreciative I am for all your help. After the Judge dismissed part of the lawsuit (statue of limitation) not allowing double damages, the Plaintiff sent a letter to me asking if we wanted to settle for debris cleanup of the severed trees. We agreed to...

Thank you Army Judge. Yes we were leaning towards a lawyer and already researched on a few in my county. This week is kind of hectic but I think I will be setting up an consult next week. Any suggestions to ask when I do a consult with a lawyer? We plan on interviewing at least 2 different...

At the hearing, the Plaintiff's attorney alluded to the judge that he was seeking damaging based value of the property, now with the trees are missing, rather than the $20 per tree which is stated in the AL property law 35:14:1 states. By using Tort trespassing, he knew he could bypass the...

Thank you mightymoose. I am assuming that the first motion granted on my behalf will not affect or help in the case?

Hello guys, I had my hearing about a month ago and just received the judge's order. It appears that the Plaintiff won the hearing and the judge denied the main argument to prevent the case from preceding forward. The Judge did however Grant one of the motions in my favor but I am unsure if it...

found answer. Thanks

Thank you Army Judge your words are much appreciated!

Okay - I had to reread all the posting. I think I will following this above quoted advice from you. Tell my intention to call the officer to testify on the content of the report but not subpoena him to the hearing. Sorry for all the confusion. Yes, I feel overwhelmed but that only because I...

What about the Police Officer? Should he or not be at the hearing to back up the police report?

I am confused on your statement, "Your hearing on that motion is not the time and place to present witnesses or evidence." Are you saying I should not have the reporting officer, my wife and 2 sons testify that we got permission from the husband?

Thank you. I will come up with a plan to make it short and concise, focusing only on the confines of the Motion to Dismiss rather than trying to prove the entire case. I am guessing at some point the judge will ask me for my witnesses (wife, 2 sons and the reporting police officer).

Yes. Which in all more the reason not to be worried. I am just a little nervous on how to present a full proof case before the hearing. Is there an opening statement and closing statement for these type of hearings?

Thank you MightMoose. I guess, there is no point to even try to dispute the Plaintiff right to add on Trespassing, rather I should focus on gathering documentary and witness testimony to prove that I did not Trespass. This makes me wonder why the lawsuit is against me and my wife. She had no...

MightyMoose, I just reviewed the Plaintiff's rebuttal to Motion to Dismiss. The Attorney used Alabama Code Section 6-2-34 (2). He states, "This action is grounded in trespass to real property and is governed by Section 6-2-34 (2) of the Code of Alabama, 1975 which allows such action to be...