Re: RE: Marital Home Destroyed in Tornado May14, 2004

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V: Hello, thank you for responding. My attorney filed the
motion for the court to uphold the Judgement of Divorce on June
1, 2004. He pulled ALL transcripts from the divorce
proceedings, and ANY subsequent hearings held too. He assured
me that all the transcripts support what is currently in the
divorce decree. I still have the voicemail that was left for me
by him the day before the hearing, stating that they gone over
everything thoroughly, and with the correspondence from the
other attorney, we are going to win this matter, because the
other side has failed to prove that there's typo's, and they
are the ones that made that claim. I went in court confident.
It was like the wind was taken from me when my attorney put me
in that back room for several hours and told me that there are
4 pages of typo's in the divorce decree, and if I want my mom
to get paid, and at least me get some money $4,000 only out of
the divorce, then I have to agree it was a typo. I'm suffering
from post tramatic stress, recovering physically, and now this.
From my understanding so far,there's no appeal process for this
hearing. I've contacted the state bar for attorney's, but by
this being a holiday weekend, trying to locate someone to stop
what is going to happen Tuesday, has been impossible. Plus, the
courts don't open again until Tuesday.

On 7/03/04, v wrote:
> On 7/02/04, Alyse wrote:
>> We are legally divorced, and the home has both names on it.
Also, the insurance policy has both names on it. Ex-hubby had
180 days to refinance, give me equity and pay off obligations,
then the home would be his. If he didn't then home to be sold,
obligations paid, and balance to me.His time expired March
2004, and he hadn't fulfilled his obligation.May 2004, home is
destroyed in tornado (Saginaw, MI). Ex-hubby files claim and
insurance company cuts him $3,000 check that night for
immediate expenses, and gives him fully furnished apartment
that night ... all to the exclusion of me.I contacted my
divorce attorney, he files motion for temporary restraining
order and sequesting of Insurance company. At hearing on motion
my attorney's paralegal shows up, and ex-hubby's attorney
states that divorce decree is a typo (part where if he doesn't
fulfill obligation money goes to me). Thre is an Evidentuary
Hearing called, and my attorney pulls all transcripts on the
case, and finds that the transcripts support what's written in
Judgement of Divorce. He assures me that we will win, it's an
open and shut case and ex-hubby won't get the $500,000
insurance money. My attorney calls me night before hearing to
tell me to be confident that we will do fine, and the case is
so conclusive that there was no need for him to subpoena any of
our witnessed. At 8:30 AM, next day I meet my attorney at the
courthouse, and he tells me that he's decided the divorce is a
typo, not just that page, but 4 other pages too. The end result
is on Tuesday, July 6, 2004, and Order will be entered that the
ex-husband gets all proceeds from the insurance company.I feel
that not only do I have a legal malpractice claim, but also
surviving a tornado and still recovering from bruises I'm have
post stress, and if in fact there are 4 pages of typo's and my
attorney is the one that wrote the divorce, filed the motion
from the tornado, and handles the Evidentuary Hearing, then the
whole divorce Judgement needs to be appealed (I was in a very
bad abuse situation during the pendency of the divorce). The
insurance claims adjuster is best friends with the builder whom
happens to also be hunting bussiesa nd friends to my ex-
husband. The homes isn't worth $500,000, and all this
represents a gross conflict of interest on the part of the
cliams adjuster.I need help ASAP, and also to file appeals, and
a legal malpractice suit. Any advice is welcomed and
appreciated.
>
> Hi: i've never been to a divorce hearing. i'm not an
attorney. when the hearing takes place, is it transcribd? or
recorded? if so, then some one needs to go back & see what was
recorded. & if indeed there are any mistakes as that are
claimed now. they need to be brought out. and a new attorney
hired. this one fired. then sue.