Can a judge dismiss with prejudice a 2 1/2 yr. old suit because the Plaintiff is disabled?
Full Question:
Can a judge dismiss with prejudice a 2 1/2 yr. old suit because the Plaintiff is disabled and unable to secure an attorney because she needs to get a loan and Judge granted request to dismiss without prejudice. Plaintiff filed Pro Per knowing her disability would not let her proceed to court (Ephasia, inability to speak due to stroke). Tried to use a person holding power of attorney to act on her behalf for two years of suit. This suit is in Arizona, quiet title action, both parties pro per.
11/05/2009 |
Category: Civil Actions |
State: Texas |
#19487
Answer:
I am not sure why you object to the case being dismissed when you are the defendant, unless you have a counterclaim. However, all I can tell you is that, yes, a judge can do that. That power is established by the state consitution (establishing the judiciary) and the rules of court, judicial decisions and statutes. It is unquestioned and unquestionable in the legal profession. The only remedy is to APPEAL. A higher court may agree that the judge acted outside of his discretion and/or contrary to law, and reverse the judge's decision to dismiss.