How do you get a judge to void a judgement that is void on its face? You cannot appeal a judgement that is void, yet you have a judge whom refuses to obey the laws of your state.
The simple answer would be to file a motion to vacate. It sounds like the Judge has a different view on the matter though.
Once the Judge rules on your motion to vacate, you could appeal that decision all the way up to the Supreme Court if they'll hear it.
Another option, especially if the Judge is refusing to follow a statute. (this does happen) Would be to contact your State Representative and see if they could help, a phone call from an elected official often does wonders for the "view" of a judge. Your rep may even introduce legislation to clarify whatever ambiguity you and the judge disagree about.
Posts: 402 | Location: Austin, Texas, USA | Registered: 06-03-02