McMANAMA v. PLUNK

Record No. 941440.

458 S.E.2d 759 (1995)

Joy R. McMANAMA v. Doris C. PLUNK, Administratrix, etc.

Supreme Court of Virginia.

June 9, 1995.


Attorney(s) appearing for the Case

Jeffrey H. Krasnow, Roanoke (Jeffrey H. Krasnow & Associates, on brief), for appellant.

Jonnie L. Speight, Roanoke (William P. Wallace, Jr., Johnson, Ayers & Matthews, on brief), for appellee.

Present: All the Justices.


COMPTON, Justice.

This appeal attacks a party's statutory right to one voluntary nonsuit, as authorized by Code § 8.01-380(B).

Code § 8.01-229(E)(3) also is implicated here. As pertinent, the subsection provides that "[i]f a plaintiff suffers a voluntary nonsuit as prescribed in § 8.01-380, the statute of limitations with respect to such action shall be tolled by the commencement of the nonsuited action, and the plaintiff may recommence his...

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