Inova Health Care Servs. v. Kebaish

At issue in this appeal was whether the circuit court erred in allowing Plaintiff to take a nonsuit as a matter of right pursuant to Va. Code Ann. 8.01-380(B) based on its determination that Plaintiff's prior voluntary dismissal in federal court was not a nonsuit under section 8.01-380. In Virginia, a plaintiff may take only one nonsuit as a matter of right. The Supreme Court affirmed, holding that the trial court did not err in finding that Plaintiff was permitted to take a nonsuit as a matter of right pursuant to section 8.01-380(B), holding (1) Va. Code Ann. 8.01-229(E)(3) does not confirm or suggest that a voluntary dismissal taken pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) is a nonsuit for purposes of section 8.01-380; and (2) Plaintiff's prior voluntary dismissal in federal court was not substantially equivalent to Virginia's nonsuit in this regard. View "Inova Health Care Servs. v. Kebaish" on Justia Law