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.
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