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INOVA HEALTH CARE SERVICES v. KEBAISH

Record No. 112070.

732 S.E.2d 703 (2012)

284 Va. 336

INOVA HEALTH CARE SERVICES, d/b/a Inova Fairfax Hospital, et al. v. Adel S. KEBAISH, M.D.

Supreme Court of Virginia.

September 14, 2012.

Attorney(s) appearing for the Case

Richard O. Wolf , McLean, ( Kristen A. Bennett ; Moore & Lee, on briefs), for appellants.

Michael S. Lieberman , Alexandria, ( Bernard J. DiMuro ; DiMuroGinsberg, on brief), for appellee.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the Circuit Court of Fairfax County erred in allowing the plaintiff to take a nonsuit as a matter of right pursuant to Code § 8.01-380(B) based on its determination that the plaintiff's prior voluntary dismissal in federal court was not a nonsuit under Code § 8.01-380.

I. Facts and Proceedings Below

Adel S. Kebaish ("Dr. Kebaish"), a private practice orthopedic/spine...

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