The Grady v. Schmalfeldt no contact petition was dismissed because Howard County, Maryland, had not properly forwarded proof of service to Cook County, Illinois. The dismissal is without prejudice, so when the paperwork makes its way west, the case can be refiled.
Here’s the verbatim report from my stringer in the courtroom:
For starters, the case was one of the last two or three called. Bill was of course not present. There was no proof of service from Howard County in the documents. The judge asked a clerk to check with the Civil Process office and we would come back around.
When it came back around to Grady v. Schmalfeldt, the judge told Mr. Grady that there had been no confirmation of service from Maryland. Mr. Grady explained the circumstances of service. Prior to the 10/20 hearing the out-of-state service fee had been underpaid due to miscommunication, and the service for this hearing had been in the hands of the Howard County Sheriff’s Department as early as Monday 11/3. Grady had played phone tag with the deputy, but before contact was established, Mr. Schmalfeldt had published a couple of posts on his blog indicating that he had in fact been served. So there was anecdotal, but not official, evidence of service.
“Case dismissed. You may file again. When you can work on your service.”
I will try to contact Mr. Grady for his comments.