Drop the Lawsuit Without a Lawyer?
Does the HOA's Board of Directors need a lawyer to drop the lawsuit against resident Gus Philpott?
Without pretending to give legal advice, since I'm not a lawyer, I believe the short answer is "No".
The Board could meet and decide to dismiss the lawsuit. They could do this at the open, public, monthly Board Meeting on January 6, 2026. At that meeting, it could designate one officer (the VP? the Secretary?) to file a Motion to Dismiss the case and the TRO with the court. It could request an expedited hearing. There are a few legal niceties to observe: pay the filing fee of $25.00; inform me of the filing and the court date.
After the Motion is filed, the Court will set a date for the hearing on the Motion. The President of the HOA should show up at Court. (Note: Danny Trapp never showed up at any of the court hearings in this case.)
The hearing would be short and sweet.
The President of the Association would say, "We move to dismiss the case and terminate the TRO."
The judge will ask me if I have anything to say. I'll say, "I do not object."
The judge will say something like, "Motion granted. The TRO is canceled. The case is closed."
Court time? Five minutes.
Comments
Post a Comment