Score one!

Friday, January 26, 2007

I took over a file in late November as the adjuster knew I had won on the same issue earlier this year. However, little did I know that the case had already been mediated so I about hyperventilated when in early December I received the notice setting trial for this coming Monday. Eeek! With the holidays it was a real crunch to get the depositions set that I needed plus try to shoot out additional subpoenas to get out-of-state records. All the while the other attorney kept saying that he wasn't going to try the issues and file a notice of dismissal, but did he ever put that in writing? Heck no. Did I rely on a dismissal? Heck no. So I kept pedal to the metal and kept deposing the witnesses and compiling the discovery. Even as late as this past Wednesday night, following a doctor's deposition the attorney once more said he would dismiss the issues and I just said I would see him Monday morning. The next day I shot out my trial summary listing the case law that supported my position.

However, I was wrong on my office bet. I'd bet that the notice of dismissal would be filed right before the court would close today...4:30 p.m. At 3:10 p.m. my secretary called out that the judge's office was on the line cancelling the trial for Monday as the attorney had filed the dismissal notice. Man, I was so ready to slam dunk on the issues. Still, now I get to have a free weekend to continue working on my patio project. :) Carol