POINT XIII
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THE LOWER COURT VIOLATED THE DOCTRINE OF STARE DECISIS
Defendants-Appellants raised the issue of stare decisis to
the Lower Court in their Memorandum of Law in opposition to the
Judgement For Foreclosure and Sale (A 387 -> 406), however no
Supreme Court Justice need be reminded by any litigant of the so
obvious doctrine, defined by Steven H. Gifis Law Dictionary as:
"Stare Decisis; to stand by that which was decided;
rule by which common law courts ''are slow to interfere
with principles announced in the former decisiona and
often uphold them even though they would decide otherwise
were the question a new one'' 156 P.2d 340, 345.
''Although [stare decisis] is not inviolable, our
judicial system demands that it be overturned only on a
showing of good cause. Where such a good cause is not
shown, it will not be repudiated''."
The Standing Committee on Rules of Practice and Procedure state:
" ''to stand by things dedcided'' The doctrine of precedent,
under which it is necessary for a court to follow earlier
judicial decisions when the same points arise again in
litigation ... This doctrine is simply that, when a
point or principle of law has been once officially
decided or settled by the ruling of a competent court
in a case in which it is directly and necessarily involved,
it will no longer be considered as open to examination
or to a new ruling by the same tribunal, or by those
which are bound to follow its adjudications, unless it
be for urgent reasons and in exceptional cases."
Plaintiff-Appellant violated the doctrine of stare decisis
in their application of the illegal motion, and that the Lower
Court also violated the doctrine by granting and signing of the
Amended Decision and Order, especially given that no "good
cause" was asserted, and that under oath in Plaintiff-
Respondent's own Affidavit on page 4 paragraph 18 (A - 406) that
the reason for the illegal motion was:
"...Plaintiff will merely say that the Decision and
Order granted on April 20, 2007, contained a de
minimis Court scrivener's error which was corrected
by the August 27, 2007 Amended Decision and Order."
This Court sholud hold that the doctrine of stare decisis
alone to uphold the integrity of the judicial system, and to
allow a decision and order, not appealed from, where the parties
have apparently for whatever reason at that time have/had
accepted the decision, to allow any court to at a later time on
a simple request of a party to disturb any prior decision
without following court rules, sets precedent that no litigant
can rely on any decision which can willy nilly be completely
changed.
The doctrine of stare decisis must stand, and at the very
least, this Appellate Court must void and vacate the Amended
Decision and Order (A - 19) and let the Original Decision and
Order (A - 25) stand. The failure to stand by stare decisis and
allow the Original Decision and Order to be reversed by the
Lower Court would be an indication to every litigant that no
decision in the Nineth Judicial District may be counted on.
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