Legal Question in Business Law in Virginia

Judge's Order

I am named defendant in a lawsuit, the judge granted my motion to dismiss and plea in bar, the plaintive had filed one lawsuit against me alleging he was 1/4 owner of a property, (lawsuit 1) . and later on filed second lawsuit against my corporation where he was 1/4 share holder, on the 2nd lawsuit he wrote that the property belongs to the corporation, Judge dismissed first lawsuit because of inconsistent filing. Plaintive ammended 2nd lawsuit and took back the claim of the property and made no referrence to the property. Now he wants the Judge to sign an Order allowing him to continue case 1. My attorney and plaintives attorne are at impasse, my attorney told me case is over. His attorney claims case is going forward. My Question is what is normal procedure for the Judge to follow now.


Asked on 10/20/08, 10:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Judge's Order

If the judge allowed the plaintiff to amend his second complaint and to motion for a continuance in the matter, the motion could be granted and the matter continued.

However, if the court has not yet ruled on a motion to amend the second lawsuit and the motion for a continuance, then both the motion to amend and continue could be denied and your attorney could be correct in his assessment of the case.

The outcome of this matter (in my opinion)very likely depends upon the precise current posture of the case from a judicial perspective which you have failed to adequately describe in your question.

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Answered on 10/20/08, 11:51 pm


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