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Gold/Mining/Energy : coastal caribbean (cco@) -- Ignore unavailable to you. Want to Upgrade?


To: will3 who wrote (2644)4/27/2001 1:00:05 PM
From: Edwin S. Fujinaka  Read Replies (1) | Respond to of 4686
 
I'm not a lawyer, but I've been through several lawsuits, including an eminent domain condemnation case of my own. My current entire net worth is the result of lawsuits. So I have some experience, but I can't claim much real expertise.

As I understand it, the State's Motion to Dismiss was a routine move to attempt to get the case dismissed by the Judge for lack of any merit. The State's Motion for a Summary Judgement is likewise a routine effort to get the case decided in their favor. That is what they will request in 20 days. Our side will respond and after a suitable time, the Judge will rule that the case should go to trial and He will set a date. All of this is just to determine that a "taking" has taken place as our lawsuit charges. If the Court (Judge Smith) rules in our favor on the "taking" question, the second part of the case will be conducted in front of a jury to determine damages which is the money award. Florida State Law provides for the payment of legal fees, perhaps around 20%, in addition to the damages award. I hope I have this right, but it is my best understanding at this time.