Delay in Eliza's case
Eliza posted this on her Facebook:
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Eliza Presley case is delayed
Eliza Presley's lawsuit to prove that she is the daughter of the late Vernon Presley, father of Elvis Presley, based on DNA evidence (which also would show that Elvis is alive) was supposed to take a big step forward a couple days ago. Here's my prior article about the case that explains it.
There has been a delay. Elvis-presley
The same lawyer who tried to oppose Eliza's initial lawsuit (which successfully caused the Estate of Vernon Presley to be re-opened) is now attempting to intervene in this lawsuit. He filed a motion asking the judge to dismiss Eliza's lawsuit on legal grounds, such as the "statute of limitations" (meaning that too many years have passed, he argued, since Vernon died) as well as that Eliza was adopted by another family (he argued the adoption means she can't become a legal heir of Vernon).
He does not provide any evidence to dispute the facts behind Eliza's claims. He doesn’t even try to contradict the DNA evidence she’s presented to the court.
The attorney raised these same legal arguments during Eliza's first case, and they didn't work then. Eliza's attorney will be filing her response soon, challenging these legal grounds and asking for the lawsuit to continue.
But, in the meantime, this new filing has delayed the case and prevented Eliza from obtaining a default judgment ... at least for now.
After Eliza's response is filed with the court, I'll have a more detailed analysis.
But here's a preview: this lawyer filed his response on behalf of "the named defendant."
Normally, a lawyer who represents someone in a case states explicitly whom he or she is acting on behalf of. There normally is no doubt who exactly hired the attorney.
In this filing, however, throughout the 20-pages submitted, Lisa Marie-Presley Lockwood is never mentioned, even once, by this lawyer. He never even refers to her by name.
It's odd. And it may lead to a very interesting twist to this case. Stay tuned.
Posted by: Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs: Famous Fortune Fights! and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.
Posted by Andrew & Danielle Mayoras on September 12, 2010 at 09:01 PM
<!-- m -->http://www.probatelawyerblog.com/2010/0 ... layed.html<!-- m -->
Eliza Presley case is delayed
Eliza Presley's lawsuit to prove that she is the daughter of the late Vernon Presley, father of Elvis Presley, based on DNA evidence (which also would show that Elvis is alive) was supposed to take a big step forward a couple days ago. Here's my prior article about the case that explains it.
There has been a delay. Elvis-presley
The same lawyer who tried to oppose Eliza's initial lawsuit (which successfully caused the Estate of Vernon Presley to be re-opened) is now attempting to intervene in this lawsuit. He filed a motion asking the judge to dismiss Eliza's lawsuit on legal grounds, such as the "statute of limitations" (meaning that too many years have passed, he argued, since Vernon died) as well as that Eliza was adopted by another family (he argued the adoption means she can't become a legal heir of Vernon).
He does not provide any evidence to dispute the facts behind Eliza's claims. He doesn’t even try to contradict the DNA evidence she’s presented to the court.
The attorney raised these same legal arguments during Eliza's first case, and they didn't work then. Eliza's attorney will be filing her response soon, challenging these legal grounds and asking for the lawsuit to continue.
But, in the meantime, this new filing has delayed the case and prevented Eliza from obtaining a default judgment ... at least for now.
After Eliza's response is filed with the court, I'll have a more detailed analysis.
But here's a preview: this lawyer filed his response on behalf of "the named defendant."
Normally, a lawyer who represents someone in a case states explicitly whom he or she is acting on behalf of. There normally is no doubt who exactly hired the attorney.
In this filing, however, throughout the 20-pages submitted, Lisa Marie-Presley Lockwood is never mentioned, even once, by this lawyer. He never even refers to her by name.
It's odd. And it may lead to a very interesting twist to this case. Stay tuned.
Posted by: Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs: Famous Fortune Fights! and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.
Posted by Andrew & Danielle Mayoras on September 12, 2010 at 09:01 PM
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