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Voluntary Dismissal of Suit

Discussion in 'Civil Court, Procedure & Litigation' started by Rebnaz, May 13, 2008.

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  1. Rebnaz

    Rebnaz Law Topic Starter New Member

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    Quick overview of the procedure thus far:

    Suit filed in state court (TX)
    Def. files counterclaim
    Plaintiff voluntarily dismisses suit.
    No further action by either party
    Plaintiff re-files suit

    What happens to Def. counterclaim? Do Def. attorney's have a legal responsibility to continue with their counterclaim? Now, the Plaintiffs have filed the same suit, but Def. attorneys did not proceed with their counterclaim and they advised Def. that no further action was necessary. Def. attorneys did not file a summary judgment in Def. favor.

    May the Def. file a claim in District Court-Texas against his attorneys for legal malpractice?

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