Attorney walks away, Roger acts: October 22, 2013 at 8:36am CIVILACTION NO. ____13-C-00391____ SIMPSON DISTRICT COURT FRANKLIN-SIMPSONCO AMBULANCE GRAVES-GILBERTCLINIC INPATIENTMEDICINE ASSOCIATES PLAINTIFFS VS. NOTICE OF DISMISSAL FOR LACK OF PROSECUTION SUMMARY JUDGMENT IN FAVOR OF DEFENDANT: ROGERFLEURY FRANKLIN,KY 42134 DEFENDANT Now comesRESPONDENT, in the matter of PLAINTIFFS VS. DEFENDANT, civil actionno. 13-C-00391 stating in goodfaith as follows in support of Summary Judgment in favor ofDEFENDANT: 1. Pursuant to CR41.02(1), CHARLES W. ADAMS of HODGES, HAYNES & ADAMS, allegedattorney for the PLAINTIFFS as per attorneys claim that HILLCRESTCREDIT AGENCY hired said attorneys firm to pursue legal actionagainst DEFENDANT on behalf of the PLAINTIFFS, having been servedproper notice of RESPONDENTs pleadings as filed in SIMPSON DISTRICTCOURT, lacks prosecution of the above referenced case forhaving failed to respond in a timely manner to RESPONDENTsMOTION FOR DISMISSAL FOR VIOLATION OF DUE PROCESS and NOTICEOF MISTAKE, and for refusing on and for the record to answerRESPONDENTs questions, thereby denying Discovery. 2.No contract wherein DEFENDANT agreed to pay the amount requestedhas been produced. WHEREFORE, Summary Judgment infavor of DEFENDANT is demanded for lack of prosecution. RESPONDENTfurther seeks an award of attorneys fees and costs incurred forservices provided in defending against PLAINTIFFs frivolous suit ofequity, and any other relief to which RESPONDENT may appear entitledfor damages herein incurred. NOTICE: CR41.02 Involuntary dismissal; effect thereof (1)For failure of the plaintiff to prosecute or to comply withthese rules or any order of the court, a defendantmay move for dismissal of an action or of any claim against him. CR54.03 Demand for judgment (2)Except as to a party against whom a judgment is entered by defaultfor want of appearance, every final judgment shall grant therelief to which the party in whose favor it is rendered is entitled,even if the party has not demanded such relief in his pleadings. CR54.04 Costs (2)A party entitled to recover costs shall prepare and serve upon theparty liable therefor a bill itemizing the costs incurred by him inthe action, including filing fees, fees incident to service ofprocess and summoning of witnesses, jury fees, warning orderattorney, and guardian ad litem fees, costs of the originals of anydepositions (whether taken stenographically or by other thanstenographic means), fees for extraordinary services ordered to bepaid by the court, and such other costs as are ordinarily recoverableby the successful party. If within five days after such service noexceptions to the bill are served on the prevailing party, the clerkshall endorse on the face of the judgment the total amount of costsrecoverable as a part of the judgment. Exceptions shall be heard andresolved by the trial court in the form of a supplemental judgment. Date: ________________________________ RESPONDENT ROGER D FLEURYJR FRANKLIN,KY 42134CIVIL ACTION NO. ____13-C-00391____ SIMPSON DISTRICT COURT FRANKLIN-SIMPSONCO AMBULANCE GRAVES-GILBERTCLINIC INPATIENTMEDICINE ASSOCIATES PLAINTIFFS VS. ORDER ROGERFLEURY FRANKLIN,KY 42134 DEFENDANT This court finds infavor of the DEFENDANT for want of prosecution and grants relief toRESPONDANT in the amount of $ . Let judgment beentered accordingly. Date: HON.MARTHA HERRINGTON SIMPSONDISTRICT COURT
Posted on: Wed, 20 Nov 2013 20:47:20 +0000
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