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Case Information

Filed 2024-05-24
Status Case is Closed
Type Jp Appeal
Docket 27 entries
Disposition agreed judgment

Parties

Plaintiff Discover Bank
Defendant Mullinix, Shane

Lawyers

Docket Entries

  1. Cause Dismissed for Want of Prosecution (Judicial Officer: Johnson, Randy)
  2. Agreed Judgment (Judicial Officer: Johnson, Randy)
  3. Petition for Appealed Case from Lower Court (OCA) 02-FC-24-00027
  4. Justice of the Peace Appeal Civil
  5. Letter Appeal Filed CCAL Letter emailed to all parties
  6. JP Appeal Letter for filing fee
  7. Certified Mail Receipt Returned
  8. Certified Green Card Returned
  9. Certified Green Card Returned 9314 8699 0430 0121 4443 12
  10. Certificate of Written Discovery
  11. CANCELED Formal Pre-Trial (10:00 AM) (Judicial Officer Johnson, Randy) Hearing Held
  12. Judge's Trial Docket Entry Formal Pre-Trial Conference. Plaintiff and Defendant appeared via counsel (Stephen Enda for P; Tessa Bromley for D). Case to be reset for TBC setting o/b 90 days.
  13. Court Administrator's Comments emailed new trial notice to both parties on this date.
  14. CANCELED Trial (1:00 PM) (Judicial Officer Johnson, Randy) Continued
  15. CANCELED Formal Pre-Trial (10:00 AM) (Judicial Officer Johnson, Randy) Hearing Held
  16. Trial (1:00 PM) (Judicial Officer Johnson, Randy)
  17. Judge's Docket Entry Motion to Dismiss without prejudice is granted
  18. Notice of Hearing
  19. Dismissal for Want of Prosecution (1:00 PM) (Judicial Officer Johnson, Randy)
  20. Judge's Docket Entry Case called for Dismissal/DWOP docket. There is a prior entry that motion to dismiss was granted but no motion was filed and a written order of dismissal was not signed; therefor, case remained active. In any event, Plaintiff had notice of the DWOP setting but failed to announce or appear. Defendant appeared via counsel of the day and represented that his office received a motion to reinstate from Plaintiff after notice of DWOP hearing was issued. However, no such motion was filed with the Court and Plaintiff has not complied with dismissal notice or provided evidence to support good cause/due diligence. Case dismissed without prejudice.
  21. Motion to Reinstate After Dismissal
  22. Notice of Filing of Business Records Affidavit
  23. CANCELED Motion to Reinstate (1:00 PM) (Judicial Officer Johnson, Randy) Hearing Held
  24. Judge's Docket Entry Case called for reinstatement hearing. Plaintiff appeared via appearance counsel, Samantha Galivan. Defendant appeard via counsel, Bart Crowder. Reasons given by Plaintiff for failure to appear at DWOP setting were of questionable probative force; however, Defendant was not opposed to reinstatement; parties agreed to schedule TBC for 1:00 p.m. on February 13, 2025 and acknowledged notice of setting on the record. Case is reinstated and TBC to be held at 1:00 pm., Thursday, February 13, 2025. Issue of award of attorney fees to Defendant incured as a result of dismissal/reinstatement requiring multiple appearances will be taken up at the time of trial.
  25. Order Granting Motion to Reinstate - Reopen (OCA)
  26. Deputy Reporter Statement
  27. Notice of Judgment

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