Educational Purpose

We just won a case in municipal court with this knowledge over an unlawful arrest... going to federal civil rights next

Is it wise to avoid being served papers by a private investigator?

Its a crime to avoid service in Texas.    I'm insure where ya at

Now is the time to prepare for battle.
   Service will likely be effected sooner or later, and then when that happens you will need to know about what we call The Flurry of Motions:
   Motion to Dismiss
   Motion to Strike
   Motion for More Definite Statement
   Please learn about these as soon as possible so you are not overtaken when you ARE served and the clock starts ticking.
   Do not fail to know these three motions and how to use them to avoid filing an Answer, because when it comes time to file an Answer you will NEED to also file at least some effective Affirmative Defenses, because Affirmative Defenses are the defendant's power.
http://www.howtowinincourt.com?refercode=LB0034

Remember: It isn't what gets "said" in the courtroom.
It's what gets written down on paper and filed with the clerk.
Build your case on paper so that when you are in the courtroom you've already won your case.
Hope this helps.
https://www.howtowinincourt.com

Small claims rules say you need court permission to file a motion and discovery.  Did you get this permission ?    Did you read and consult all the small claims  court rules

Most states attorney is not allowed in small claims.    Some states they are allowed.   Did you check the rules.

my motion to dismiss for lack of jurisdiction was denied In The County Court Of The Sixth Judicial Circuit In And For Pineallas County, Florida. I need to appeal for denied due process civil rights violation. How do i find which federal court to appeal to? is it the US Middle District of Florida court? is it the U.S. Court Of Appeals, Eleventh Circuit?

“Anything you can win in federal court you can win much more easily in your local county courthouse state court without dealing with judges who are appointed for life, i.e., political appointments that often have little to do with a judge's ability to render common-sense judgments.The ONLY cases that MUST be brought in federal court deal with things like treaties, international deals, trademarks, claims against the federal government, veterans' benefits, and VERY LITTLE ELSE.
People who don't know any better think they will get "a better shake" in federal court. They are generally mistaken.” JD

 Thank you Brandon, I have seen this before and my own possible 1983 would be because it wouldn’t work to sue in state court (I could but it would be thrown out immediately)

Bankruptcies must be filed in federal courts too and lawsuits with out-of-state parties as you know.
Would that still count as a good enough reason to find support here even though in Federal not State court?

As mentioned above cases in federal court must address bankruptcy jurisdiction, civil rights, or diversity jurisdiction which means the parties are not in a single jurisdiction, eg. different parties from different states doing battle.

The key is don't file in federal court unless it's not optional as Dr. Graves warns.

cases involving federal laws, the U.S. Constitution, bankruptcy, patents, copyrights, maritime law, and disputes where the U.S. government is a party. ... from Google

We filed a motion to dismiss for lack of jurisdiction, it has sat for nearly two years with no movement, prosecutor finally showed up as we are gathering evidence for a civil rights case and he motioned to dismiss to further justice.

Have you studied the Jurisdictionary Course section on “Appeals”?

Losing a case is not a reason to appeal.

If you lost because the judge made one or more rulings that materially harmed your case
AND you preserved the judge's errors by making certain those errors appear in the permanent record of the lower court proceedings
AND you objected to those errors or filed motions to give the judge reasonable opportunity to correct his errors, you may have a chance of correcting the judge on appeal.

Hello Dr. Graves,
I lost my small claim case. I filed verified complaint. Attorney sent a letter claiming a comparative fault doctrine in a case where defendant was making a left turn and hit my car. The court scheduled a hearing on July 31. I came on time but my name never was called. I asked judge at the end of he session and he lied to my face that my name was called. Then he rescheduled the hearing. Attorney never pleaded the defense she alleged in her letter to court. I filed a motion for default judgment pursuant to Rule 55 of the TN RCP for the defendant  have failed to answer or plea within 30 days, and affidavit in support according to the rules I've read on the TN courts website. So, today I had a hearing and Attorney filed the motion to strike my motion for default judgment. In her motion she stated that I wasn't in court on July 31 and my case was dismissed. Then she stated my complaint was improper in this court and contains allegations that are inadmissible. And that is why it should be striken in its entirety, along with attachments. Then she was continuing to complain about my motion for default judgment that contains inadmissible information and should be striken. She asked judge to deny my motion for default and strike my improperly filed complaint and attachments. At the hearing judge was asking questions and at the end he ruled in vafor of defendant who is 68 and couldn't see my car through her heavily tinted windows in 10 feet and the accident was my fault bc my headlights weren't on (only daylight running lights).
What options do I have in filling the appeal? I have 10 days to file it.