Guest guest Posted February 26, 2002 Report Share Posted February 26, 2002 ----- Original Message ----- From: " Kae (by way of ilena rose) " <gkh1942@...> <Recipient List Suppressed:;> Sent: Thursday, February 21, 2002 7:21 PM Subject: " HOPE TO BE IN COURT " > Hi Ilena and all of the wonderful supportive ladies out there, > > Just want to let the ladies know, that through all of my endeavors to be > inside a court room with Baxter on May 7, 2002, I might not make it. > > I sure could use some help in the prayer department. Monday the 25th is > when I appear in court for their Motion for Mandatory Dismissal 5 year > rule in Nevada which is rule 41(e). If you have filed a claim and have > not prosecuted (been inside of the courtroom) within 5 years then the > claim is mandatory for dismissal. I think that the time was " tolled " due > to the court was suppose to be setting the trial dates. I finally went in > and ask for a court date, because I had read this rule and the courts had > not set a date for me. > > Seems funny how our prior attorneys can use up all of our time and get > nothing acomplished and then there is no time left for us to continue on. > The Judge did set trial for May 7, 2002. Baxter is claiming I should have > been in Jan 2002 not May 2002 ( 3 little months, after I have waited for > years). Just got to be some humor here somewhere, when others have all of > the control over the time to get into the courtroom and then you take over > and it is set for a court date, then you are penalized for their lack of > actions. If anyone out there knows about " tolling of time " on these cases > and what happens to the period of time that is " ticking away " while you > are waiting for the court to set a trial date, please let me know. It just > does not seem logical to me that " my time " should be " ticking " because I > had to wait for someone else to do something. I have answered the Motion, > but still am concerned because when you take a case over from someone else > and do not have all of the events that have and are happening, then I feel > like I am shooting in the dark. > > I could have been there in January if I had known about this rule and also > if the court calendar would have allowed for a 3-4 week trial is another > question. Oh well, I am not going to beat myself up over this, I feel as a > lay person I have done everything as fast as I could considering that this > is a complex litigation case. It is kind of like Alfred Hitchcock movie > where you spend all of the time doing and getting there and then at the > last minute you will never know what would have happened if it had been > allowed to continue. Sorry for the rambling on, just venting. > > But seriously put some prayer in motion for me. I have not given up yet. > > Thank to all of you, Love Kae > > Quote Link to comment Share on other sites More sharing options...
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