Judge grants “non-suit” in Project Amistad’s guardianship case involving former Gateway Hotel resident
EL PASO, Texas (KVIA) -- An El Paso County judge granted a "non-suit" in Project Amistad's guardianship case involving an 87-year-old former resident of the Gateway Hotel.
El Paso County court records show a notice of and order for non-suit were filed on Wednesday, Dec. 4.
The status hearing, previously scheduled for Dec. 10, and the court status check, previously scheduled for Dec. 20, have been canceled.
The notice of non-suit states that Project Amistad attempted to obtain a Certificate of Medical Examination from the 87-year-old woman involved, who "refused to cooperate".
According to the notice, Adult Protective Services investigated the woman's condition, but "found no deficiencies" in her mental or physical health.
The document also acknowledged the women's children, including Sean Fischer, who ABC-7 has spoken to multiple times regarding this case, "fervently expressed their opposition" to the guardianship application.
According to Cornell Law School's Legal Information Institute, a nonsuit may be given when "the plaintiff either was unable to make an adequate showing or is unwilling to continue with the case."
Court documents show that Project Amistad requested the proceeding be dismissed "without prejudice," which means that the plaintiff (Project Amistad) may "bring a subsequent suit based on the same grounds as the dismissed claim".
