[ SHOWGSD-L ] Not up to the court

  • From: ELG440@xxxxxxx
  • To: showgsd-l@xxxxxxxxxxxxx
  • Date: Thu, 11 Mar 2010 16:00:10 EST

In a message dated 3/11/10 5:58:56 AM Pacific Standard Time,  
EJDegen@xxxxxxx writes:
 
Also, it  is my understanding, Evan, that NO COURT has "validated this   
lawsuit".  The District Court of Appeal simply said that Florida is  an  
acceptable LOCATION for the lawsuit .  NOT that it has an  opinion on  the 
actual 
lawsuit at all. 



A court does not validate a complaint.  The defense can test the  pleadings 
to see if they state a cause of action. But, if they do, the court  must 
accept them as valid. So, in that way the court has validated the  complaint, 
but not the facts of the complaint   It is up to the trier  of fact, either 
the judge or jury at time of trial that will validate the  claims.
 
At this point only allegations have been made. They were upheld as valid as 
 far as jurisdiction is concerned.  Now it is up to a judge or jury, at  
trial to figure who is telling the truth.
 
Evan  Ginsburg
Asgard German Shepherds  
http://www.asgardgsd.com/
Where Type Movement and Temperament come  together 


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