Doctor Graves:

1.0 Is it possible, and is it legitimate when a magistrate / judicial officer / judge grants a "Summary Judgment" within Three (3) days after Defendant files his "Original Answer and Affirmative Defenses", and at the same time closes the case? All parties are barred from filing anything to challenge the Judgment / Order, like a "Motion for Reconsideration", and at least Seven (7) Rules of Civil Procedure. It is as follows:

1.0 Civil Rule 12(c): Motion for Judgment on the Pleadings;

2.0 Civil Rule 14(a): When Defendant May Bring in Third-Party;

3.0 Civil Rule 15: Amended and Supplemental Pleadings;

4.0 Civil Rule 52(a): Effect of Findings by the Court;

4.0 Civil Rule 56(C): Motions and Proceedings Thereon;

5.0 Civil Rule 59(f): Motion to Alter or Amend a Judgment;

6.0 Civil Rule 60(a), 60(b), 60(c): Relief from Judgment or Order;

7.0 Civil Rule 78(a): Findings, Conclusions, Judgments, and Orders---Preparation and Submission----Service.

That doesn't sound like "statutory, and procedural due process", according to the Civil Rules of Procedure of any state of the American Doctor Graves???

This Magistrate / Judicial Officer / Judge didn't even look at Six (6) "flurry of motions" that was filed Twenty-Seven (27) to Twenty-Nine (29) days before the "Defendants' Original Answer and Affirmative Defenses" were due, which was on Monday, October 27 2014, which he filed in the mid-afternoon. Then the Magistrate / Judicial Officer / Judge closed the case on Thursday morning, October 30 2014??? There are at least Seven (7) court rules I found, and stated above that the magistrate / judicial officer / magistrate has clearly violated, and has no regard for "statutory, and procedural due process"!!!

There was no hearing, as they told the Defendant that its all up to the magistrate / judicial officer / judge if any party will have there day in court or that scheduling hearings is not up to the parties who have an interest in the case, its all up to the magistrate / judicial officer / judge??? I call this specific state of the American Union the "Wild Wild West," as they do everything from the hip, and not by the "Rule of Law."

I even read what you have shared regarding the Appeal Process, but because the magistrate / judicial officer / judge has already barred the Defendant from submitting motions like a "Motion for Reconsideration, which the rules clearly read that the Defendant has Ten (10) days from the time a Judgment or Order has been granted, and also if the Defendant wanted to submit a "Motion to Set Aside Summary Judgment" for (Mistakes & Inadvertences) ("Judgment is Void"), and a list of other options that the Rules of Civil Procedure clearly is set in stone for the Defendant to challenge any Judgment or Order by a corrupt magistrate / judge / judicial officer, is at this point not allowed??? Defendant tried filing that Thursday, October 30 2014, just Two and a Half days after his answer to the Complaint was due, and all of the officers of the court said that the case has been closed, therefore barred from submitting any documents into the court case docket??? Never heard anything like this Doctor Graves!!!

Defendant has reported this to the Office of the Ombudsman, but that is not something that the Defendant can count on to expose the inappropriate behavior that is being displayed by this magistrate / judicial officer / judge???

Any other suggestions at this critical, and crucial moment would be highly appreciative, and beneficial Doctor Graves???
* Last updated by: FULFILLING1 on 11/1/2014 @ 5:41 PM *

Fulfilling1 ...

As you'll see in my class on Summary Judgment, if there are ANY "genuine issues of material fact" in the record, summary judgment is appealable and should be reversed on appeal ... if appeal is timely filed.

Doctor Graves:

OK. I read that, but obviously it would have been more attuned with "procedural", and "statutory" due process if the Defendant was able to add a "Motion for Reconsideration", "Motion to Set Aside Summary Judgment", and a "Motion for Rehearing" first as you have taught, so that the Defendant will at least have more clear citations, statutory authority, controlling & primary case law, etc., before filing a "Notice of Appeal."

Alright Doctor Graves, if that is the only option, I guess that is the door the Defendant must go through, but to me, and I may be wrong on this, what the Magistrate / Judicial Officer / Judge did was "stonewall" the Defendants'' ability to add more things to the record before taking it up for Appeal Doctor Graves. Is there anyway the Defendant can do anything about this "stonewalling tactic" by the Magistrate / Judicial Officer / Judge???

The remedy against an order granting summary judgment is appeal, and it must be timely filed or forever barred. To so rule extremely early in a case is Draconian and in itself grounds for reversal on appeal.

Doctor Graves:

I agree with your most excellent feedback that it was extremely Harsh, and Severe!!!
* Last updated by: FULFILLING1 on 11/8/2014 @ 1:39 PM *

Litigation is an axe fight. Jurisdictionary is your axe!

Although I have read your section on "Summary Judgment" and the one on "Declaratory Judgment," I am still not clear on which one to file in the following: we rescinded the loan on our home, which, according to the precedent set by Jesonowski v. Countrywide Loans in January of this year, voids the note and mortgage by operation of law the moment it is dropped in the mail. The lender/servicer/party of interest must either respond with a lawsuit within 20 days of receipt(and we have proof of the delivery)or return the canceled note, re-convey the property, and return all monies paid-also in 20 days. They did neither. To get the courts to enforce the rescission, is the summary judgment the superior choice(I understand the DJ doesn't ask for money, but the "asking for something" kind of muddied the waters for me.

I am somewhat confused about the details of this case.

Nevertheless, if a summary judgment is before court, then to reopen this case, you need to file notice of appeal. The 30-day time limit is very strict.

after, the appeal then you can fight the merits.