YES, SOMETIMES EVEN IN THE GREY CLOUDS OF LEGALITY, LAWYERS, AND COURTS, YOU ARE LEFT WITH A RAINBOW!
Today, I went to the Court of Common Pleas, Judge Hyman's court. I will relay what happened to the best of my ability, using the notes that I took. The case was the lawsuit brought by a resident against board member Johnson, ARC chair. I've provided you with the filings, name removed, of our resident in previous postings. As noted before, I had never spoken to this resident about this case, or anything else that is happening in Wedgefield. As I followed, and documented what had happened leading up to the filing of the lawsuit, I was proud of this resident. Today, even more than before.
Judge Hyman quickly handled some other cases, and then called the Johnson case. He said the resident was pro se (researched definition to provide in article -
"For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court."). He stated that the resident was a nice man and had tried to do something in a very complex section of the law. He recommended that the resident get an attorney. The court must dismiss action that doesn't properly set out significant things that must be plead, and pro se does not allow that - everyone must follow the same rule.
Judge Hyman said he could dismiss with prejudice, or dismiss with lead to restore. He then went on to talk a little bit of his experience with the law, and said he started doing this law business before these young guys were even born. He went on to tell the resident that somethings research on their own, but he strongly urged him to get the advice of counsel to bring his case to proper form. He then told a court clerk to use form 4, dismissal without prejudice with lead to restore (phrase typed as I heard it).
It appears that the resident can bring his case back, in proper form - the rainbow of justice. While I spoke to the resident after the hearing ended, whether he will hire an attorney and bring the case back is his business. The Wedgefield world will have to wait and see.
Judge Hyman quickly handled some other cases, and then called the Johnson case. He said the resident was pro se (researched definition to provide in article -
"For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court."). He stated that the resident was a nice man and had tried to do something in a very complex section of the law. He recommended that the resident get an attorney. The court must dismiss action that doesn't properly set out significant things that must be plead, and pro se does not allow that - everyone must follow the same rule.
Judge Hyman said he could dismiss with prejudice, or dismiss with lead to restore. He then went on to talk a little bit of his experience with the law, and said he started doing this law business before these young guys were even born. He went on to tell the resident that somethings research on their own, but he strongly urged him to get the advice of counsel to bring his case to proper form. He then told a court clerk to use form 4, dismissal without prejudice with lead to restore (phrase typed as I heard it).
It appears that the resident can bring his case back, in proper form - the rainbow of justice. While I spoke to the resident after the hearing ended, whether he will hire an attorney and bring the case back is his business. The Wedgefield world will have to wait and see.
