[success] omission litigation request, can be a separate prosecution
Created:
/Author:
Aaron Lewis
The plaintiff and the defendant Li Mou Chen Moumou in Ziyang city Yanjiang District Wu Huang Zhen Gao Tong Zhong He Jie business furniture business, had to compete for business, there are certain contradictions.On October 27, 2007 morning 10 when Xu Li Mou Chen Moumou by plaintiff defendant furniture store, the accused Chen Moumou language accused the plaintiff Li's wife "is not a thing", cause the former defendant both sides quarrel.After the accused Chen held a single stool on the plaintiff to hit Li Mou, Li Mou to the injured, were assessed for 9 disabled.
The plaintiff Li commissioned a legal workers for its, but the agent does not request the accused Chen Moumou compensation dependants living expenses claims, the people's court in the case that the referee didn't give the living expenses for dependents processing.The plaintiff Li to find an agent theory, agent insisted that the plaintiff Li is not entitled to the dependants living expenses compensation.
June 1, 2009, the plaintiff Li introduced, find himself for the agent dependent people living action.Ziyang city Yanjiang District People's court made in June 22, 2009 (2009) Yanjiang issued Spain in the early Republican word no. 1616th civil ruling, that the prosecution and the previous procedure is the same fact, the person shall be prosecuted, ruled inadmissible.
Get the order book, the plaintiff Li a little frustrated, have to give up the idea.This is also not strange, no second, different judges may have a different understanding, but we think, the lawsuit claims based on different, do not belong to the repeated prosecution.I repeated to the plaintiff Li to do the work, to appeal to the Ziyang intermediate people's court in September 4, 2009, Ziyang City Intermediate People's Court (2009). The people eventually No. 397th civil Award: 1, the revocation of Ziyang city Yanjiang District People's Court of Yanjiang issued Spain in the early Republican word (2009) No. 1616th civil order; 2, Ziyang city Yanjiang District command the people's court for the trial of the case.
In August 18, 2010, Ziyang city Yanjiang District People's court decision defendant compensation to the plaintiff to Li Mou Chen Moumou dependants living expenses 23568 yuan.
The speech:
1, the parties will take a lot of wrong lawyer, path, or even irreparable damage.
2, if the plaintiff to the court shall not accept the verdict, abandon the appeal may make compensation for lost, litigation is to unremittingly.