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DOC: CLERK INTAKE CONTROL FILING
DATE: JAN 28 2026
FAX: 757-385-8745
CASE: GV25037264-00
COURT: VB GENERAL DISTRICT
TYPE: EMERGENCY VOLUNTARY NONSUIT
CHAIN: PRE-REOPENING INTAKE CONTROL
Clerk must treat fax as filed motion
Counterclaims withdrawn effective upon receipt
Nonsuit framed as matter of right
Counterclaim portion must be closed now
Circuit #34805 must be noted on file
Processing requested before reopening window
Execution stated as suspended in filing
Delay in routing risks record distortion
What this document is
This filing is a clerk-directed emergency intake control document requiring
immediate classification, timestamping, docketing, and closure of the
counterclaim portion of the case file after the defendant’s voluntary nonsuit.
What procedural issue it addresses
The filing is meant to prevent the counterclaim from staying active through
delay, reopening, or routine intake handling. It also preserves the record
that the withdrawal is immediate, without prejudice, and grounded in the
defendant’s claimed right to one nonsuit.
Statutory / procedural directive invoked
The filing cites Va. Code § 16.1-69.25:1 and Rule 7B:9, states that the
defendant is entitled to one nonsuit as a matter of right before hearing
commenced on the merits, and directs the clerk to process the filing as an
immediately effective court submission.
Required response
- Log as urgent time-sensitive filing
- Apply filing treatment upon fax receipt
- Docket nonsuit immediately
- Close counterclaim portion of file
- Note VB Circuit #34805 superior jurisdiction controls
Rights hierarchy from filing
Right to Nonsuit → Immediate Receipt Effect → Clerk Docketing Duty → File Closure → Preservation of Other Claims
Key timeline anchors
- 01/28/2026 4:21 PM — fax sent
- 01/29/2026 8:30 AM — requested processing threshold
- 02/04/2026 — execution listed as suspended
Clerk routing commands noted
- Docket nonsuit immediately
- Close counterclaim portion
- Note Circuit #34805 control
Immediate findings asserted
- Counterclaims withdrawn
- Withdrawal is without prejudice
- Other preserved claims remain outside closure
- GDC execution path is represented as suspended
Virginia Beach General District Court
Rose Hall Apts v. Thomas Coates
Case No. GV25037264-00
Emergency Voluntary Nonsuit
Immediate Withdrawal of All Counterclaims
The filing states that Thomas Coates takes a voluntary nonsuit of all counterclaims
without prejudice effective immediately upon receipt. It is marked urgent and asks
for processing before the 01/29/2026 reopening to prevent a retaliation window.
- Authority cited: Va. Code § 16.1-69.25:1 and Rule 7B:9
- Preservation language keeps other claims and forums intact
- Clerk action required section directs immediate docketing and closure
- Page 2 supplies signature, date, and processing instruction