Legal Question in Civil Litigation in Virginia

Nonsuits and dismissals

I was involved in a case where the Plaintiff sued me, but, on the trial date, did not show up and requested a nonsuit. He then re-filed the suit a few weeks later. Once again, he did not appear and requested a nonsuit. I complained to the clerk who in turn said she'd speak to the judge. Two weeks later, I received a letter from the court saying that the nonsuit disposition had been removed and that the judge had dismissed the claim. It did not specify as to whether this was with or without prejudice.

This all occurred over two years ago. Can he now sue again on the same claim, since the case was never adjudicated on its merits (although he did file a Bill of Particulars and I filed a Grounds of Defense requesting dismissal)? Or can the second nonsuit and later dismissal be considered ''with prejudice''? If it's ''without prejudice'', do I have any legal remedies or precedents to prevent his refiling?


Asked on 2/13/07, 4:25 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Nonsuits and dismissals

It is probably dismissed with prejudice, but I would want to see the actual file to be sure.

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Answered on 2/13/07, 6:23 pm


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