I was ordered to deposit rent in the registry. I filed in small claims so the landlord would address mold issues. There was 3 separate landlords that were listed as defendants. The judge dismissed the case for one of the landlords and ruled in my favor on the other 2. The dismissed landlord filed a motion to disburse rent( after he was dismissed). The judge granted his motion. My question is can a party who has been dismissed file motions and or receive funds. I later received a judgement for the remaining 2 landlords but all the money was released to the dismissed party and the others are now mia. Did judge have jurisdiction over the dismissed party to hear a motion filed after the dismissal?Can a dismissed party received funds from a registry?The reason he was dismissed was because he was the only one to show up to mediation. The sheriff said they didn't serve the defendants and I would have to reschedule the mediation. The landlord showed up on the day of mediation was served and was dismissed because he was the only one present. The rest of the parties and myself went to the rescheduled hearing
You haven't provided enough details to understand why the dismissed defendant was dismissed or what the court decided as to the amount of rent that was in the court registry. But as a general matter, a court retains jurisdiction after judgment or dismissal to deal with administrative issues such as potentially awarding court costs, attorneys fees, or ordering release of funds in escrow (whether in the court registry or private hands).
A fact or two would be helpful so we can provide some meaningful answers.
If the defendant was served papers and filed responsive pleadings, then the court had jurisdiction over him and could enter orders determining his right to the property. I cannot tell if the judge properly disbursed these funds without additional facts, but you only asked whether the court had jurisdiction over the defendants.
You clearly need the services of an attorney who can help you anticipate what is likely to happen in your legal proceedings in stead of wondering ... "What happened" after the fact.
It may or may not be too late to seek legal advice to help you in this situation. You may want to use the Find a Lawyer tool to locate and consult a lawyer in your area who you can throughly discuss the facts without the 4000 character limitation of Avvo posts.
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