Thank you both, Tom and Neil!
See Tom Ice Wins His Point: Local Rules Deeming Motions “Abandoned” Are Not Valid
Tom has been getting into the murky world of what is agreed or known between Judges that administer foreclosure actions. One such problem is the local rule in some jurisdictions that certain motions are deemed abandoned regardless of what applicable legislation or Supreme Court Rules of Court provide.
Ice is pursuing an attack mode that is right on target. The underlying theme of his challenges is simple — a party should not be able to declare itself a lender or creditor and win a case that it would lose if the case was tried properly. One of the ways that homeowners have lost cases is the application of this rule that the Supreme Court has struck down. The court basically said “We make the rules and this is not our rule.” Local rules are allowed as…
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