They sought it with thimbles, they sought it with care;
They pursued it with forks and hope…
After considering the responses filed on the 26th by counsel for Renfroe and the Rigsby sisters, on the 28th Judge Acker issued a responding Order:
The responses filed by the parties on January 26, 2009, to the questions posed to them by the court on January 20, 2009, make it plain that both plaintiff and defendants waive their right to a trial ore tenus on the questions surrounding the claim for attorneys’ fees as part of the damages plaintiff claims for breach of contract.
But the Judge said he never had summed up before;
So the Snark undertook it instead…
The court has never before conducted a trial by affidavit on a question of damages. The court is, of course, familiar with the determination by affidavit of a claim for the reasonable attorneys’ fees that are provided to a prevailing party by certain statutes. Nevertheless, the court ACCEPTS the parties’ express waiver, and will proceed accordingly.
And summed it so well that it came to far more
Than the Witnesses ever had said!
On the 29th of January, Renfroe’s counsel filed an amended Response to Acker’s earlier Order inclusive of a Continue reading “Acker’s latest Order, Renfroe’s OMG amended Response – Renfroe v Rigsby and the Hunting of the Snark”