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KELLY v. CARRICO

Record No. 972272.

504 S.E.2d 368 (1998)

Roger Lee KELLY v. Delores CARRICO.

Supreme Court of Virginia.

September 18, 1998.

Attorney(s) appearing for the Case

James E. Wilcox, Jr. (David P. Bobzien, Fairfax; Robert Lyndon Howell, on briefs), for appellant.

R. Craig Jennings, Merrifield; Lisa D. Barnett, McLean (Slenker, Brandt, Jennings & Johnston, Merrifield, on brief), for appellee.

Present: All the Justices.

HASSELL, Justice.

As relevant to this appeal, Code § 8.01-380(A) provides that a party shall not be allowed to take a voluntary nonsuit "unless he does so before a motion to strike the evidence has been sustained or before the jury retires from the bar or before the action has been submitted to the court for decision." In this case, we consider whether the trial court's order granting a motion for nonsuit on the basis...

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