After appellate court remand, I intend to request the circuit court to strike Appellees Express Oil Change LLC and United Towing & Transports Inc. motions to dismiss the Third Complaint due to untimely filing. Ala. R. Civ. Proc. Rules 12(a)(2). Appellees never answered the Third Complaint before dismissal therefore they are eligible for default judgment for reliefs requested. ACIIE Seymour and Hanser have lost opportunity to file motions to dismiss because they never appeared in the case before dismissal, therefore they must answer the complaint that will be scheduled for discovery, summary judgment or trial accordingly. My trial strategy after appellate court reversal based upon the facts of this case. Spirit Always.
Posted on: Wed, 12 Mar 2014 18:33:58 +0000