Child Support Case Could Be Nonsuited on De Novo Appeal

In the case of DCSe ex rel Charlotte Stone Abediyi v. Ferguson, the Roanoke Circuit Court held that the Division of Child Support Enforcement could nonsuit a child support petition it filed following a de novo appeal to circuit court.  The father claimed he intended to file a counterclaim in the case, but failed to actually file a pleading with the court asserting the counterclaim.  Therefore, the bar against a nonsuit without an adverse parties’ consent where the parties have filed cross claims did not apply.