Re: Respondent to an Order of Protection due process violat

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What type of hearing was it?

On 9/21/08, Scott Blackwell wrote:
> There is no due process in TN. I actually showed up for my hearing. The
petitioner did not. The
> case was dismissed for "Failure to Prosecute."
>
> The Petitioner came back and claimed they didn't know when the court date
was. I know they were
> out of town on that date on vacation.
>
> So the court Vacates the Order of Dismissal and now will hear this again 30
some odd days after
> the fact. I can't make this up.
>
> The law says a hearing will be held within 15 days.
>
> Now we are at day 30+ along with the Dismissal being set aside.
>
> To boot, all I got was a last minute phone call from my attorney on Friday,
telling me we had to be
> in court again on Monday, and a post card (non-certified) from the Clerk
saying there was a
> continuance.
>
> According to TN Rules of Civil procedure, both parties have to agree to
a "continuance." I never
> agreed to it.
>
> We go to court tomorrow.
>
> Amazing.