QUESTION

We believe we sued the right entity but defendant said we didnt

Asked on Aug 14th, 2023 on Litigation - Texas
More details to this question:
I recently had a judge dismiss without prejudice because the defendant said we sued wrong entity. First issue was, she took his word for it without requiring him to provide any material facts proving what he said was true. Second, the only type of property the LLC he said we should have used owns, is personal property for his inventory he took out loans for but the legal description of property and DBA are of the LLC name we did use, all at same address. We hired them to perform a service that they did entirely wrong causing a lot of damage to both our boat and trailer. They were only supposed to be working on trailer but we believe, based on a lot of hard evidence, that they cracked our boat because they took it out, and then knowingly neglected to tell us this at the time of transaction. I tried to file a motion for reconsideration/or amend the judgment along with all my hard evidence and material fact that also included the texas state laws. The judge wouldn’t look at anything I had
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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As the plaintiff, you have the burden of proving that you in fact sued the correct legal entity.  You ought to have presented satisfactory proof that the entity you sued was in fact the correct legal entity responsible for damage to your boat and trailer. If you disagree with the judge's decision and believe that you presented satisfactory evidence, you may be able to appeal the judge's decision.I further note tha since the dismissal with "without prejudice," if the statute of limitations has not expired, you can refile suit against the correct legal entity.
Answered on Aug 15th, 2023 at 11:09 AM

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