In the case of Milot v. Milot, the Virginia Court of Appeals, in a published opinion, ruled that the trial court did not err in denying wifet’s motion to vacate the dismissal order and reinstate the pendente lite order because the dismissal did not violate her due process rights and she failed to overcome presumption that trial court clerk fulfilled Code § 8.01-335(B)’s requirements.  Furthermore, the Virginia Court of Appeals, ruled that the trial court properly denied the husband’s request for attorney fees in defending the motion to vacate the dismissal order and reinstate the pendente lite order.

In February 2002, wife filed a divorce complaint in the trial court against husband. In March 2003, the trial court entered a pendente lite order requiring husband to pay spousal and child support. Thereafter, the trial court remanded all child support matters to the Halifax County Juvenile and Domestic Relations District Court.  Between entry of the March 2003 pendente lite order and August 2007, no action or proceeding was taken in the case. Consequently, in August 2007, the trial court dismissed wife’s case (“the dismissal order”) pursuant to Code § 8.01-335(B).1.