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ATKINS v. RICE

Record No. 022479.

585 S.E.2d 550 (2003)

266 Va. 328

Shannon Gail ATKINS, v. Estelle Brown RICE.

Supreme Court of Virginia.

September 12, 2003.

Attorney(s) appearing for the Case

Stanley P. Wellman (Joseph Robinson; Harman, Claytor, Corrigan & Wellman, on briefs), Richmond, for appellant.

Reginald M. Barley, Richmond, for appellee.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether a plaintiff may take a nonsuit when a defendant's motion to dismiss has been filed, memoranda of law in support of and in opposition to the motion have been submitted, arguments have been made before the trial court by both parties, with no further evidence to be presented or arguments to be made, and the case has been presented to the trial court for its decision.

I. Facts and Proceedings...

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