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OUT OF MIND » THE INSANITY OF REALITY » GLOBAL FINANCIAL COLLAPSE » DISMISSAL OF ACTIONS; NON-SUIT

DISMISSAL OF ACTIONS; NON-SUIT

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1DISMISSAL OF ACTIONS; NON-SUIT Empty DISMISSAL OF ACTIONS; NON-SUIT Wed Aug 14, 2013 3:15 pm

PurpleSkyz

PurpleSkyz
Admin

Just wanted to share in case anyone is still paying their mortgage... After many months of going back and forth with Bank of America and then their attorneys, I am the proud recipient of a Motion and Order to Dismiss the case where they were trying to take my house!!! Infinite Peace Love and Gratitude to David Hamilton (clerk of court york county sc), who did the right thing based on my communications to him regarding the fraudulent bank and attorneys. The reason given on the Order to Dismiss was SC Rule 41 (a) (2), which is as follows...

RULE 41
DISMISSAL OF ACTIONS; NON-SUIT

(a) Voluntary Dismissal: Effect Thereof.

(1) By Plaintiff; By Stipulation. Subject to the provisions of Rule 23(c), of Rule 66(a), and of any statute, an action may be dismissed by the plaintiff without order of court (A) by filing and serving a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever first occurs, or (B) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.

(2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

I am not a legal person, so what does the part about "the notice of dismissal operating as adjudication upon the merits when filed by a plaintiff who has once dismissed in court an action based on or including the same claim" mean exactly? Does it mean others could use this notice of dismissal to point to if they were in the same situation?

And the attorneys had to pay $25 to cancel their case against me, by order of the court 
All of this is irrelevant at this point, just wanted to share in case anyone was still stressing over it. Oneness!!! Love to Everyone Everywhere!!!







Thanks to: Pamela Howell on facebook



  

2DISMISSAL OF ACTIONS; NON-SUIT Empty Re: DISMISSAL OF ACTIONS; NON-SUIT Wed Aug 14, 2013 4:17 pm

Guest

Anonymous
Guest
Halleluyah 4 Pamela Howell!! Thanks 4 sharing here!

We have our own success story re: permanent Writ of Restitution (code word 4 eviction- permanently taking our house). After wrongful foreclosure, denial of 2 separate "COURT"s of demanded trial by jury, with amazing journey of revelation & living by Spirit's guidance moment-by-moment, after 2 evictions, thwarting the 3rd with Sheriff associates upholding due process of law & honoring our Cease & Desist Order & allodial land patent with civil case pending trial by jury. Such adventures for growth of character & wisdom!! Thankful to BE and DO in our house with our family, now feeling much safer than in recent times past. :)

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