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Granted Appeal Summary

Case

BRANDI CARR v. SAHARA MOTORS, LLC (Record Number 190938)

From

The Circuit Court of the City of Portsmouth; D. Sword, Judge.

Counsel

Lenard Myers II (Fortress Proprietas, P.C.) for appellant. No counsel of record for appellee.

Assignment of Error

The Circuit Court for the City of Portsmouth (\\u201cthe trial court\\u201d) erred and abused its discretion when it entered its final order on April 16, 2019 dismissing with prejudice and denying Appellant\\u2019s Motion to Reconsider Dismissal, Reopen and Rehear. The trial court concluded, without considering evidence offered during the hearing, that Appellant\\u2019s non-appearance to Court on February 28, 2019 (a preliminarily, but not final trial date) was a result of \\u201csomebody not following up court dates\\u201d even though no scheduling order was entered the parties were actively holding settlement conversations and Appellant\\u2019s attorney followed the trial court Docket Clerk\\u2019s instructions which are contained on the Civil Docket Control Procedures of January 22, 2007 published on the trial court\\u2019s website, pursuant to Virginia Code \\xa7 8.01-4.

http://www.courts.state.va.us/courts/scv/appeals/190938.pdf

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