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Civil Procedure – Nonsuit – Multiple Lawsuits
Where an auto accident resulted in four lawsuits filed by the plaintiff against the defendant, who now seeks a fourth nonsuit, a motion for nonsuit will be granted only with prejudice. Plaintiff’s first action was filed Aug. 16, 1995. Trial was set for July 9, 1996, but plaintiff nonsuited on July 2, 1996. The…
Civil Practice – Nonsuit Of Counterclaim – Sanctions
Where a Virginia statute, Va. Code § 8.01-380, allows a defendant to nonsuit a counterclaim, the court will grant the defendant/counterclaimant’s motion to nonsuit; however, because the same statute envisions an award of sanctions only in the case of a second nonsuit, the plaintiff’s motion for sanctions is denied at this time. Frank &…
Civil Procedure – Nonsuit – Second Nonsuit – Service Of Process
The court grants defendant’s motion to quash service where plaintiff nonsuited his case for a second time, without leave of court. The auto accident at issue occurred on Sept. 4, 1996. Plaintiff filed a motion for judgment on Sept. 2, 1998, never served the named defendants, and obtained a nonsuit on May 26, 1999….
Summary Disposition – Nonsuit
The court also granted a rehearing in Ratliff v. Vandyke, Record No. 971336, on April 17, 1998. The Supreme Court order stated that the trial court erred in permitting a plaintiff to take a voluntary nonsuit of her motion for judgment. At the conclusion of plaintiff’s case, defendant made a motion to strike plaintiff’s…
Civil Practice – Nonsuit – Timeliness – Pending Oral Argument
A plaintiff may take a nonsuit in a case in which oral argument is pending; the matter has not yet been “submitted to the Court for decision,” and the motion is timely and will be granted. Anger v. Ballew (Swersky) Law No. CL950095, July 7, 1995; Alexandria Cir. Ct.; William E. Gardner, Jacqueline E….
Civil Practice – Nonsuit – Cause Of Action
Where the “cause of action” in the instant proceeding is a different cause of action from that contained in the earlier chancery matter between the parties, that was nonsuited once, the plaintiff may nonsuit this action at law. Rocky Gorge Enterprises LLC v. Tyson’s Tree Service Inc. (Wooldridge) Law No. 173820, March 3, 1999;…
Civil Practice – Nonsuit – Service Of Process – Third Nonsuit
Where plaintiff filed a second personal injury case after nonsuiting her first action, but process was never served during the three-and-one-half years the second suit was pending on the docket, and the second action was nonsuited only after the trial court wrote to plaintiff threatening to purge the case under Va. Code § 8.01-335,…
Civil Practice – Nonsuit – Medical Malpractice – Physician's Cross-Claim Against Hospital
A plaintiff may not nonsuit a case against a physician who has filed a cross-claim for indemnification against a hospital. “While I still feel that it makes no sense not to allow a nonsuit under these circumstances, I must apply the law as written.” Virginia Code § 8.01-280 is clear, unambiguous and unequivocal: “A…
No expert fees when a nonsuit is taken at trial
When a plaintiff takes a nonsuit during trial, the defendant is not entitled to fees and costs for its expert witnesses, according to a Richmond Circuit judge. The nonsuit statute, Virginia Code 8.01-380(C), permits the assessment of expert witness fees and costs for a nonsuit taken within seven days of trial. But that statute does…
No nonsuit for unqualified personal representative
A wrongful death suit filed by a family member who had not yet qualified as a personal representative of the decedent is a nullity and cannot be nonsuited, the Virginia Supreme Court has ruled. Because the wrongful death statute requires that suit be filed by a decedent’s personal representative, a plaintiff who had not yet…

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