Legal Question in Civil Litigation in Ohio

Attorney Missed the Deadline

Our attorney failed to file discovery evidence by the judge's deadline and the judge dismissed the case with prejudice. We found out three months later. Can the case be refiled?


Asked on 7/10/07, 3:30 pm

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: Attorney Missed the Deadline

I will need more information in order to answer your question. When was the case dismissed? What type of a case was it? Was the case ever dismissed before? Has your previous attorney suggested any course of action?

It is possible that there is some remedy available to you. I suggest that you contact an attorney directly as soon as possible. The longer you wait, the less chance you will have.

I have been handling court cases for over 30 years. I will be happy to disuss this if you give me a call. No charge or obligation for the confidential call-Call me-or someone else! right away.

Good Luck!

DHD

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Answered on 7/15/07, 11:49 am
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Attorney Missed the Deadline

Dear Reader, I'm saddened to hear of your misfortune with your Attorney missing a filing deadline.

1. You may have an opportunity to request the Court for Relief from Judgment of Dismissal, citing the facts and affidavits, etc. 2. Your former Attorney is now chargeable with malpractice - a civil suit, and 3. including your filing a Complaint with the Cuyahoga County Bar Assn. against your Attorney for violation of his sworn duty and violation, etc. They'll deal with the Attorney.

Good luck.

Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 7/10/07, 3:52 pm


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