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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 & Co….
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 evidence….
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. Bennett….
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. On…
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 party…
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 second…
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…
Civil Practice – Nonsuit – Dismissal Without Prejudice
Although the court’s earlier voluntary dismissal of this personal injury case did not expressly state that the plaintiff was taking a nonsuit under Va. Code § 8.01-380, the court concludes that the dismissal was a nonsuit and the plaintiff has the right to refile. However, because the new action was not brought within six months…
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, plaintiff’s…
Civil Practice – Discovery Order – Nonsuit
Although a deadline has passed for plaintiff to comply with an order compelling compliance with discovery and to pay defendant attorney’s fees, the court nevertheless will allow plaintiff to take a nonsuit under Va. Code Sect. 8.01-380(A). In interpreting the pertinent statute governing a plaintiff’s right to take a first nonsuit as to any cause…

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