I was awarded damages in Small Claims Court for an auto accident (my insurance deductible amount). The defendant (represented by his ins. co. attorney) appealed this judgment to local district court.
The appeal was properly served and requires me to file a formal complaint. However, defendant failed to file proof of service as required by local and state rules.
Can I move to have the case dismissed due to this failure to file proof of service? And, if so, how can I preserve my right to file my complaint if the court denies this motion since the filing deadline will pass before any such motion is ruled on?
The appeal was properly served and requires me to file a formal complaint. However, defendant failed to file proof of service as required by local and state rules.
Can I move to have the case dismissed due to this failure to file proof of service? And, if so, how can I preserve my right to file my complaint if the court denies this motion since the filing deadline will pass before any such motion is ruled on?
