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In the state of Texas, is a final order necessary after a joint non suit is filed with the court.

Houston, TX |

My ex husband and I signed a joint non suit agreement, which was filed to the court on 8/28/13. However, the judge has not signed a final order because the amicus wants more money from both of us. Does the filing of a joint non suit dismiss the case without the order being signed by the judge?

Please help demystify this situation!

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Attorney answers 3

Posted

It sounds like there was a bill with a balance at the time you filed the nonsuit. The Amicus would have to sign the Non Suit before the judge will sign it. Either pay the amicus or work out a payment plan with the amicus and then ask the amicus to sign the nonsuit. Then the judge will sign it. If you and your ex had attorneys, ask the attorneys to handle this matter.

I recommend that you consult with an attorney regarding this matter.

Asker

Posted

Hello and thanks for responding. Frankly, I want to know what steps to take to dispute the amicus' charges, file a complaint against him or both...He did NOTHING for the case other than side with my ex-husband--blatantly showing legal prejudice during hearings, created delays and confusion throughout the entire year-long case. He did NOT perform the usual duties and I have a real problem with paying yet another one of his surprise bills. Please let me know your thoughts.

Kathleen Rolston Robbins

Kathleen Rolston Robbins

Posted

You can have a hearing on the amicus' bill. You will do better if your attorney represents you. If you chose not to use your attorney, you will have to go thru bill item by item that you disagree with before the judge and explain why you do not think the amicus performed the activity described in the bil

Asker

Posted

Thanks for the suggestions.

Posted

No. For there to be a final order, all of the interests of all of the parties must have been dealt with. In this case, your child's interests (represented by the amicus) are still out there.

Posted

Your case is still live until the judge signs the order.

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