involved in a civil lawsuit, the plaintiff's filed a motion for partial summary judgement and the defendants filed an answer to the motion, now the defendents have received in the mail from the court clerk a Journal Entry Adopting Plaintiff's Suggested Journal Entry, what does this mean, it is signed by the judge, in it it says the Court has granted summary judgement for the Plaintiff, does that mean that the court has agreed with the plaintiff and that the lawsuit is now over, or can the defendants still try and fight the amount that the plaintiff is going after? Please help

thx
catonline

I am a little confused by your post. The plaintiff filed for partial summary judgment and that was granted? If that is the case, it was only partial and what the judge didn't rule on is still a case.

the papers from the court stat this: Judgement granting summary judgement for Plaintiff are adopted as the Order of the Court, Appended hereto is Plaintiff's draft signed by the court.

As Plaintiff has indicated that upon the entry of this judgement, it will forego its claims for punitive damages, the court orders plaintiff to submit pursuant to Rule 170 a journal entry conclusively resolving all issues not addressed in this journal entry(e.g. punitive damages)All further settings scheduled in this action are found to be moot and, therefore cancelled.

It is signed by the Judge, so does this mean that this case is now settled and that the plaintiff has won, PLEASE HELP!!

thx
catonline

Without actually being able to read the order and without reading the motions that were ruled upon, I can only offer a guess that it is over. Sorry I can't be more helpful.

Thats what is sounds like to me also, I will be sure and check with the clerk of the district court see if they know, I have another question, I was adjudged in crimminal court for embezzlement and am currently paying restitution in the amount of 125,000.00 but on the civil lawsuit the plaintiff was awarded the full amount of 264,000.00, the plaintiff has been paid 88,000.00 in cash so far and I am currently paying 350.00 per week towards the 125,000.00, so should I stop paying the restitution since the plaintiff was awarded the full amount even though they have been paid the cash of 88,000.00 and restitution? And they had talked about setting up a trust, I'm assuming on the house since that is the only asset, can they make me sell the house or other things? Thx for all your help

catonline

Restitution and a civil judgment are different things. I am not sure what to tell you. You may want to contact the office you are paying restitution to.

I did call the clerks office and they told me that the case is over, now in the papers from the Plaintiff that was turned over to the judge on this case it talks about a Constructive Trust, now that the case is over will the Plaintiff's lawyer contact me if there will be a Constructive Trust or does that come from the courts? Also is there no way to appeal the judgement for the amount that was awarded or if there is a Constructive Trust set up, can I dispute the amount on the trust since they have been paid approx. $100,000.00 to date or will the trust just state the total amount. Can you tell me a little about a Constructive Trust and can the Trust cross state lines as we own a house in Kansas and Missouri and this case is in Kansas.

thx
catonline

I am sorry, I really don't know anything about constructive trusts. Check out your state's website. You may find some information there regarding them. I am sorry I can't be more help.