MOORE v. GILLIS

Record No. 890277.

389 S.E.2d 453 (1990)

Clarence C. MOORE v. Elvertha D. GILLIS.

Supreme Court of Virginia.

March 2, 1990.


Attorney(s) appearing for the Case

Walter H. Emroch (William P. Hanson, Jr., Richmond, on brief), for appellant.

Caroline Lowdon Lockerby, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen.; Gail Starling Marshall, Deputy Atty. Gen., on brief), for appellee.

Present: All the Justices.


CARRICO, Chief Justice.

Code § 8.01-380(A) contains a limitation which provides that "[a]fter a nonsuit no new proceeding on the same cause of action or against the same party shall be had in any court other than that in which the nonsuit was taken." The question for decision in this case is whether the limitation applies to a second proceeding brought in another court prior to the time the first proceeding is nonsuited. The trial court held that the limitation...

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