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Robert John Bogdanowicz III

Robert Bogdanowicz’s Answers

20 total


  • Can I file a "motion to dismiss" for a case that is against me? The case has been ongoing for almost 6 years.

    My husband was arrested for "Delivery" but he had nothing on him when they arrested him. We have been now waiting for nearly 6 years for them to have a court date. They offered him at one time 18 months and he turned it down. However, everytime...

    Robert’s Answer

    You cannot file anything on behalf of your husband. That is the unauthorized practice of law.

    I suggest you have your husband contact his court appointed attorney.

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  • Non-Compete Agreement in TX for 2 years after Termination, I think is too broad. No limit on them.

    I am supposed to start a new job in the Apartment Industry, where I've worked for 20+ years with a firm that had in my new hire paperwork a Non-Compete Agreement. It does not specify the definition of "client" or the geographic area which I believ...

    Robert’s Answer

    I would call Texas a "pro" non-compete state. Since 2006, it has become pretty easy for employers to enforce non-competes.

    That said, generally speaking, 24 months is a reasonable duration--heck, I've enforced 36 months before.

    With respect to your particular situation, realize that Texas is a "blue pencil" state--so even if a judge thought 24 months was unreasonable, he/she could "pencil" in a shorter timeframe.

    Good luck!

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  • Do I need to include case law in my evidence of fact on a No evidence Summary Judgment? TRCP 166(a)(i)

    It is against Midland and I have Federal Law Facts 15 U.S.C. sect 1642 and explanation and 15 U.S.C sec 1637(a) and explanation, 15 U.S.C. sect. 1637(b) and explanation. Gave facts about Midland being a Securitization and how they purchase assets...

    Robert’s Answer

    I'm a bit confused by your question. If you're the one moving for a no-evidence summary judgment, then all you need to do with respect to "facts" is identify (as specifically as possible) what element or elements of the opposing party's claim(s) or defense(s) are lacking in respect to any admissible evidence. For example, if you were moving for no-evidence summary judgment on a negligence claim and believed there was no evidence to support the "duty" element of a negligence cause of action, you would plead that as specifically as possible. The opposing party, in its response, would then provide admissible evidence to dispute the allegation. Case law helps when analogizing why the evidence provided supports their case.

    I hope that helps!

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  • CAN I SUE A BREEDER WHO GAVE ME AKC PAPERS TO A BOSTON TERRIER BUT COME TO FIND OUT HE ISNT REALLY A BOSTON TERRIER?

    SHE GAVE US A PAPERS STATING ALL THE FAMILY TREE. AND TOLD US ALL WE HAD TO DO WAS GO ONLINE AND REGISTER THE PUPPY AND SHOW THAT. BUT NJOW THAT I AM LOOKING INTO IT. BOSTON TERRIERS ARE SUPPOSED TO HAVE SHORT TAILS IF ANY!! AND MY PUPPY HAS A LON...

    Robert’s Answer

    Sure, you can, but it may not be worth your while to pursue her in court, even if you choose to proceed without counsel. You will probably need an expert witness to provide the opinion that your dog is not a purebred Boston Terrier. Experts cost money. You may need an expert (a different one, if that one cannot provide an opinion) as to the cost difference between a purebred dog and yours.

    I'd call the breeder and ask for a reasonable refund and avoid litigation completely.

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  • Do I have to pay a judgment which was filed against me, that was filed by an AIF and his mother's name was never mentioned

    9 years ago I entered into a rent to own agreement. My "Landlord", would never write up the deal. I submitted a deficiency list to the "Landlord", and he refused to address most items. To name a few: During first winter had no heat in family room....

    Robert’s Answer

    If there is a valid court judgment or arbitration award that has been entered against YOU, then yes-- you are obligated to satisfy that judgment or award. Obviously, I'm not taking any potential appellate remedies into consideration,

    You say arbitration "hearing" though. I don't know what that means. I don't even know how you'd get to arbitration without a written contract, which you say doesn't exist. Perhaps you mean mediation...but then again, that's not a hearing, and you can't "win" or "lose" mediation.

    I hope that helps. Read the stuff that has been filed against you and talk to a landlord/tenant lawyer in PA if you're still worried. It's hard to address anything without seeing your documentation, and then again, I don't even practice in PA, so I can't render legal advice.

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  • How does it take for a judge to rule regarding a motion to dismiss 12 (b) by the defendant.

    I have respond to the defendant motion to dismiss and amend our complaint.

    Robert’s Answer

    Like others have said, it's a crapshoot. I've had a federal judge sit on a similar motion for ten months.

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  • Do I need to go back to MX?

    I was born in Monterey and my parents brought me to the US when I was 5yrs old (23 now) I went to school here and some college never been in trouble with the law or anything I got married tip a citizen and we have a premature baby with a heart def...

    Robert’s Answer

    Take the time out to visit a reputable immigration attorney in Dallas. There are several good ones. They will take a few minutes to explain your situation to you and, ideally, help you with any necessary paperwork you need to file with the U.S. government.

    The reality is you may need to apply for an I-601 hardship waiver, and that does involve going back to Mexico. There may be other options, though, so sitting down with an immigration attorney for an hour is well worth your time (and money).

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  • I'm being supenaed as a witness but I intentionally refuse to open the door for the serve to deliver the subpoena.

    I used to work at a mental health facility as a tech and one night as I made rounds I found a patient in distress and later died at the emergency room. Shortly after, I was fired from the job. Now the family of the late patient is suing the hospit...

    Robert’s Answer

    Contempt. Honor the subpoena and get it over with.

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  • Does the US Air force have misleading commercials?

    I was curious if the new Air Force commercials are misleading to new recruits. It depicts a fantasy world that possible high school recruits could be duped into thinking that their commercials are a actual depiction of what goes on in the Air Forc...

    Robert’s Answer

    What good advertisement isn't at least somewhat misleading? The "non-legal" answer to your question is, yes-- there's probably some element of exaggeration in U.S.A.F. commercials that one could term "misleading." Does that give rise to a specific cause of action? Probably not...barring any discussion of the typical sovereign immunity U.S. military branches enjoy, you're probably not going to enjoy any level of success levying a lawsuit against the government (and good luck finding a lawyer to take the case).

    I think your question was more of a common sense question than anything, but something interesting to ponder regardless.

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  • What can I do about an ex-spouse making slanderous statements

    My ex husband has always made untrue comments about me to others including our kids. My son is 17 and my daughter is 12. I have over looked most comments and made sure my kids have realized the truth on their own. I have custody of the kids .Howev...

    Robert’s Answer

    Lisa,

    There are always options. First, I'd recommend you contact the family lawyer that handled your divorce. He/she may have superior insight into this matter, and there may even be provisions in your divorce decree (or relevant addendums) that address situations where one parent is creating conflict for the other parent through the children.

    You could also file a lawsuit for slander, but it's not a cost-effective option. Honestly, if you want it to end, your best bet will probably be to leave lawyers out of the situation entirely. Can you confront your ex-husband civilly without losing your cool? If so, you may want to approach him and explain how his statements are affecting your relationship with your daughter.

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