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Voluntary Dismissals

Discussion in 'Other Legal Issues' started by Rebnaz, May 13, 2008.

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  1. Rebnaz

    Rebnaz Law Topic Starter New Member

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    I'm uncertain as to the legal pathways for the following scenario:

    Quick overview of the procedure thus far:

    Plaintiff 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 if it was not resolved properly and leaves Def. open to Plaintiff's reoccuring claim?

    Def. attorneys did not proceed with their counterclaim and they advised Def. that no further action was necessary since Plaintiff's dismissed the claim (when in fact the attorneys left the matter open).Def. attorneys did not file a summary judgment in Def. favor. Def. was given the impression that the case was put to rest. Within a years time, Plaintiff re-files the claim.

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

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