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mariaivory

Can I combine 2 cases?

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Counselor!  I am on my way to Appellate Court.  I have 2 cases in Circuit/District court.  Same defendants separate actions.  Question:  Can I combine the 2 separate cases when I file in Appellate Court.  Thank you for your kind response.   M. Ivory

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On 9/29/2018 at 9:36 AM, mariaivory said:

I have 2 cases in Circuit/District court.

 

What sorts of cases?  Why are there two separate cases that involve the same defendants?  I assume these are criminal prosecutions.  Since there are two separate cases, do the cases arise out of separate alleged crimes?

 

What do you mean when you say that you "have" these cases?  Are you one of the defendants?  If not, what is your connection to the cases?

 

What is the status of each case?

 

In what state are these cases pending?

 

 

On 9/29/2018 at 9:36 AM, mariaivory said:

Can I combine the 2 separate cases when I file in Appellate Court.

 

Define "combine."

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Question:  When 2 services have been done on Defendants.  One by return receipt signature and second by Sheriff's Service which was court ordered.  Both services were completed.  Are Boards of Directors of a Corporation filed upon separately each.  Why does the court insists that each Board Director be served separately instead of as an "Entity" and the names of the Board of Directors be listed in the Complaint as Parties to the Complaint.  The Court refuses to accept the Service on Def's. as legal, even though I have listed each in the complaint and served the "Board of Directors of named Corporation" at their Management Company.  Each time served the initial Complaint has been accepted.   The Board of Directors did not appear for Hearing/Trial and the Court refuses to give me a "default judgment' because "service was not upon each Board of Director separately".   Do I have to refile the complaint on each 3 defs. of the Board.  Or can I move on to Appellate Court wherein the judge says I cannot because "Proper Service has not been performed"???  Thank you for your kind response.  This is a Civil Action.  Monetary damages only.  

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42 minutes ago, mariaivory said:

Are Boards of Directors of a Corporation filed upon separately each.  Why does the court insists that each Board Director be served separately instead of as an "Entity" and the names of the Board of Directors be listed in the Complaint as Parties to the Complaint.

 

A Board of Directors is not ordinarily considered an entity for purposes of service of process. In a situation where a plaintiff believes that a company's board of directors would have some liability, the claims would be filed against each director individually.  Accordingly a plaintiff would need to serve each director individually, even though the claims relate to activity that each individual took or failed to take in his/her capacity as a member of a board  of directors.

 

Service on the corporation is not the same as service on each member of the board of directors of the corporation in a circumstance where a plaintiff alleges claims directly against the board members.

 

54 minutes ago, mariaivory said:

The Board of Directors did not appear for Hearing/Trial and the Court refuses to give me a "default judgment' because "service was not upon each Board of Director separately".   Do I have to refile the complaint on each 3 defs. of the Board.  Or can I move on to Appellate Court wherein the judge says I cannot because "Proper Service has not been performed"???

 

I'm not clear on what you're asking here. It might help if you could explain what orders the court issued that you are considering whether to appeal from.

 

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Service:  "Board is a formally distinct entity of its parent Association as to separate entities requirement."  The service was as follows:

 

Board of Directors of Acme Condominium Association of Atlantis, Robert Jones, President, et.al Board of Directors.

 

The judge required that an "Alias Summons" be served by "Sheriff Service". :  Board of Directors of Acme Condominium Association of Atlantis.

 

The "Alias Summons" was made out and ordered by Judge. 

 

A different judge on trial/date said neither service was done.  This judge now said each defendant separately had to be served.

 

Can this judge over-rule a peer judges' order.  If the order of the judge was carried out as ordered , then how can a peer judge over-rule, interfere, direct the ruling of peer 'sitting judge?".   That is conundrum I have with this matter.  M. Ivory

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Because, as the trial judge, he has the power to determine if the proper parties are before the court through proper service.  
Also, judges are only bound by the rulings of higher court judges and not by same court judges.

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