Order status


#1

The portion of the order you have posted seems to be a notice that a matter be set for hearing (trial) immediately according the scheduling procedures of the district where the action is pending, and that any previous order which allowed for delay is overruled. In other words, the court is ready to hear the matter now and will not accept any delay.
I am unclear as to what the second part of your question is relative to.

This site is dedicated to North Carolina law. The attorneys answering the forum are licensed in NC and are not permitted to give advise based on any other state


#2

What happens if case has been volutarly withdrawn by plaintiff after this and case was dismissed. And court responds case has been dismissed through email and case status.


#3

If a claim has been voluntarily dismissed you should have received what is called a


#4

What happens court does not schedule a hearing for a year, Temporary order duration is one year and that term limit is passed, What if attorney withdraws within weeks of stay order, and later deliberately what if issues are created and case coordinator states an order is open when it is not and then hearing is created deliberately with wrong informatoin? In addition a case status request was made, which they did not comply. If these are all recorded facts, will the court be liable for mistake for telling an order is open when stay order is in effect?


#5

If the temporary order states that it becomes permanent after one year, then it becomes permanent, otherwise you will have to have a permanent hearing.
Normally the court will allow an attorney to withdraw, and will allow the trial date to stand if the withdraw is weeks prior to the hearing date.
If this is a custody order, all issues remain


#6

Final clarification. Step 1. Order was stayed (with no time specified), Step 2. court did not calender for trial per order,
Step 3. Attorney withdraws, complaint and custody claims are withdrawn. Step 4. Court notifies that case has been dismissed. Step 5. No events occur after this for over a year even after stay order.

Can anyone state that a temporary order was open, when ordered for stay and order says calender case for trial? That is the question.


#7

If a temporary order is in place and the case is then dismissed the temporary order will remain in effect until one party files a motion to modify custody. In order to have grounds to modify an existing order the moving party must demonstrate that there has been a substantial change in circumstances affecting the welfare and best interests of the children.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

I have to say it one more time. As already established in the beginning, this was a temporary order, and the order was stayed and case orderd for trial. As such as original response indicated previous orders are over ruled. or no temporary order. Then the case was dismissed, after plaintff submitted volunatary withdrawl of complaint and custody, and the case got dismissed. So tempoerary order was not in effect when the case was dismissed. So after dismissal there should not be an order issue, correct? That is the correct question. (See first question, which is factual as is this question)


#9

If there is no order in place an all claims have been dismissed no action is pending. However if only one party dismissed their claim, a counterclaim is still pending and the action will proceed to trial.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#10

IMPORTANT COMMUNICATION

  1. Court which had ordered case to go to trial was never calenered.
    “It is ordered that this case be calendared for trial to pursuant to the local rules of Judicial District, any order staying further proceedings in this matter is vacated.”
  2. Defendant also dismissed his claim
  3. Volunatary dismissal paper work was filed by Plaintiff
  4. Case dismissal paper was submitted by defendant. This was informed to both plaintiff and her attorney prior to attorney withdrawl.
  5. Court indicated case dismissed and case closed

Based on step 1. Any temporary order is stayed or not effective-- correct?
Step 2. Case was never calendered.
Step 3. What was vacated when court said case was dismissed and closed.

In this sequence what is the status of temporary order, and case when court said case dismissed…


#11

Based on the information you have given me it seems as though the temporary order is not effective and it is as if no order existed and there is no case pending.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#12

Thank you for your accurate timely response.


#13

You are welcome. Best of luck!

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#14

Question 1.
What does the following staement mean relative to an order.

Stement Begins

It is ORDERED that this case be calendared for trial purusant to the local rules of this Judicial District, and any order staying further proceedings in this matter is vacated.

Statement ends.

What does order staying here means. ? Does this mean that any order relative to the case is void…

If trial does not occur what happens to order.

Question 2. Why are you asking about State. Does it matter which state you are in