nojusticeforall
New Member
After 3 years in civil court for dissolution of marriage a settlement was written out by other attorney. I did not agree to the terms as they were grossly altered from the verbal agreement and I refused to sign. Though the Judge knew we were waiting on subpoenas for a trial, he still went ahead and signed final decree.
My attorney then asked the Judge to recuse himself. After stating that he did not pay much attention to all my motions during the 3years, he stepped down. Now with a new Judge and our filing to alter or amend judgment or a new trial we were relieved to finally have our say in court. Of course my (ex) spouse and his attorney opposed our motoneo and wanted the decree to remain as is. I was unaware of their response.
A couple months later my attorney informs me that our motion had been denied. We were flabbergasted as we submitted so much that would constitute a re-trial, or an amendment in the very least.
Now months later we have good reasons (ex's non compliance, etc) to get back into court.
My attorney gave me all the files on my case and in there I see for the first time, the Judges order denying amended judgment or new trial. He cited his reason that our motion was denied by the other party by response and because I was given opportunity to give a reply to their response, without one, the decree remains final.
My attorney neglected to tell me that we were denied because he didn't file a reply and I have yet to confront him.
I believe if he had proceeded as I would have expected, the outcome would have been much more favorable for me.
I don't want to pursue anything against my attorney but do want to know if it constitutes malpractice. Perhaps just an oversight that can happen to anyone, but a very costly and detrimental one for me.
Can something be filed long after the fact that had I known why my motion was denied I would have let the court know my desire to file the reply?
I appreciate your comments and I thank you for your time.
My attorney then asked the Judge to recuse himself. After stating that he did not pay much attention to all my motions during the 3years, he stepped down. Now with a new Judge and our filing to alter or amend judgment or a new trial we were relieved to finally have our say in court. Of course my (ex) spouse and his attorney opposed our motoneo and wanted the decree to remain as is. I was unaware of their response.
A couple months later my attorney informs me that our motion had been denied. We were flabbergasted as we submitted so much that would constitute a re-trial, or an amendment in the very least.
Now months later we have good reasons (ex's non compliance, etc) to get back into court.
My attorney gave me all the files on my case and in there I see for the first time, the Judges order denying amended judgment or new trial. He cited his reason that our motion was denied by the other party by response and because I was given opportunity to give a reply to their response, without one, the decree remains final.
My attorney neglected to tell me that we were denied because he didn't file a reply and I have yet to confront him.
I believe if he had proceeded as I would have expected, the outcome would have been much more favorable for me.
I don't want to pursue anything against my attorney but do want to know if it constitutes malpractice. Perhaps just an oversight that can happen to anyone, but a very costly and detrimental one for me.
Can something be filed long after the fact that had I known why my motion was denied I would have let the court know my desire to file the reply?
I appreciate your comments and I thank you for your time.
