CITY OF HOPEWELL v. COGAR

Record No. 860930.

377 S.E.2d 385 (1989)

CITY OF HOPEWELL v. William R. COGAR, et al.

Supreme Court of Virginia.

March 3, 1989.


Attorney(s) appearing for the Case

Homer C. Eliades, Hopewell, (Mark W. Esposito, on brief), for appellant.

R.D. McIlwaine, III, Richmond, for appellees.

Present: CARRICO, C.J., COMPTON, STEPHENSON, THOMAS, WHITING, and LACY, JJ., and HARRISON, Retired Justice.


COMPTON, Justice.

In this appeal in a declaratory judgment proceeding, the main issue is whether the trial court erred in denying plaintiff's motion for nonsuit made within a 15-day period allowed by the court for the parties to submit memoranda on defendants' motion for summary judgment. Specifically, the question is whether, when the nonsuit motion was filed, the action had been "submitted to the court for decision," within the meaning of Code § 8.01-380, the...

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