Legal Question in Business Law in Georgia

My case was dismissed in Atlanta because my attorneys did not file the proper document according to GA Law 56.1. My company is Michigan based and filed in MI, however the case was moved to Atlanta at the defendants request. The case was lost via Summary Judgement because my attorneys did not file a material witness statement. Because of the filing error our evidence was not allowed to be entered. We had depositions and very strong evidence that would have won the case; however the other side claimed the filing error GA 56.1 should end the case, and the judge ruled our evidence would not be allowed into record and took their total lies which contradicted all testimony as the truth because the filing error made our evidence a non-entry.

Under what circumstances if any, may I refiled this case in GA or MI?


Asked on 12/24/10, 6:23 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Those are questions you address to your lawyer (or one in MI), who can review all facts and pleadings. You mention all the depositions, evidence and procedural requirements in a case and how a possible error has harmed you. Certainly, this experience should tell you that you don't get advice on a pending case on the internet, with a couple of sentences of one side of the story.

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Answered on 12/29/10, 6:40 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Generally when you lose a case on summafry judgment it is over forever. Obviously no one here can begin to answer your post, as no one as seen the pleadings, but a loss on summary judgment, unless you appealed it in the time frame allowed by law and prevailed, means you don't refile anywhere. This is something to discuss with your lawyer, not to guess at online.

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Answered on 12/29/10, 7:43 am


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