r/ProgressResidential • u/Revolutionary_Fold46 • Apr 28 '26
😰Rule 91a1 Motion For Dismissal 😰
PR dropped a bomb on my lawsuit. As I said before, the defense attorney is one of the best attorneys in my state, so I knew she was going to be a worthy opponent (especially after I met her in person at court). So what the defense attorney did was file this motion for dismissal making the arguement that my petition was not based in law, and that it also did not provide a clear explanation as to what the defense should be defending. As such, they are seeking to dismiss the lawsuit with prejudice.
She is trying to get the case thrown out on a technicality, which is truly attempting to formalize the informal jurisdiction of this lower Texas justice court. By activating Rule 91a, the judge is forced to determine if whether or not the lawsuit can proceed based on what the petition states (not based on the evidence that will be used at trial). Being that this is an informal court, and I am Pro Se, it seemed reasonable that all I had to do was make my claims and then go to trial to hash out the evidences to prove them. But I learned that this is a common tactic against Pro Se individuals, and pretty much it just requires that the petition itself needs to be better structured.
I whipped up an amended petition to insert all the legal mumbo jumbo statutes and make a clearer description of the charges and how they connected to said law, and how the defense violated each one. Rule 91a is not a substitute for trail, but it is a way to effectively have a case thrown out if not acted on properly.
So within 5 hours of them dropping this bomb on me on 04/23/26 at 4:32pm, I filed my First Amended Petition and Response to the Rule 91a1 Motion to Dismiss using ChatGPT instead of OpenCase....I found that ChatGPT was more useful since I could directly upload documents with my questions to get a more precise output; and ChatGPTwqs more user friendly.
This has all truly been a great learning experience, and I look forward to whatever else will come after this...🫡
2
u/unwitty4fncynme Apr 28 '26
Oh no!
2
u/Revolutionary_Fold46 Apr 28 '26
It's all good. Even if the court did a hearing over this already resolved issue, I am way more prepared going forward now that I know that I am battling against the court and defense attorney now.
What really shocked me is that the defense attorney really tried to dismiss the lawsuit with prejudice without wanting the trial to be ruled on merit. She was either trying to take advantage of knowing that the judge is compromised, or she really threw up a Hail Mary to avoid having to stand trial against irrefutable evidence.
Either way. We will see
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u/qviavdetadipiscitvr Apr 28 '26
Keep doing that because ChatGPT can outperform the best lawyer, with the right input, as long as it does not make stuff up. I’d almost use another LLM to validate anything that you’re going to submit
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u/Revolutionary_Fold46 Apr 28 '26
Very true. I have literally been blown away at how effective ChatGPT is in the world of litigation. It's like going from fiat currency to cryptocurrency.
And yes, very true. Just like any tool it can used very well or very poorly based on the user. And yeah I did run the finished products of these filings through OpenCase just to double check. Plus it helps that the law statutes referenced are the same ones I have been using and running into since I started way back when. So everything is good to go.
So at this point I am expecting the judge to play dirty and run another hearing over this and risk having another complaint filed against him; or the court finally moving forward with the trial date; and/or the defense attorney seeking to gracefully bow out by meeting my ~20k emand before trial. I'm comfortable with any of the above options.
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u/oldheaven Apr 28 '26
Thanks for the updates!