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CR 41.01 Not Effective to Dismiss Petition for Order of Protection Post-Judgment; CR 60.02 May Be Effective to Dismiss for “Extraordinary Reasons” or Clear Legal Necessity
CR 41.01 implicitly only applies to matters prior to a final judgment, noting that the rule allowing for a party to enter a notice of dismissal operating as an adjudication of the merits under some circumstances does not apply where the court has already adjudicated the merits of a case itself and entered judgment
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Family Court Must Appoint Guardian ad Litem When Child Is Listed as Party in Domestic Violence Order Petition
The Court of Appeals remands the matter for additional proceedings as to the child holding that in DVO matters Smith “requires that a minor child who is listed as a party on the petition for protection is in need of an appointed guardian.”
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- Family Court not Required to Set Aside an Enforceable Settlement Agreement Under CR 60.02, and to Appoint a GAL, Where the Incarcerated Person Has Elected to Proceed Without Counsel and Without Contest
