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BRAKE v. PAYNE

Record Nos. 031948, 031949, 031953 and 031954.

597 S.E.2d 59 (2004)

268 Va. 92

Mark BRAKE, et al. v. Kelly PAYNE, Personal Representative of the Estate of Eduardo Calzada. C. Scott Miller, et al. v. Kelly Payne, Personal Representative of the Estate of Eduardo Calzada. Sheila Coley v. Kelly Payne, Personal Representative of the Estate of Eduardo Calzada. Mark Gillespie v. Kelly Payne, Personal Representative of the Estate of Eduardo Calzada.

Supreme Court of Virginia.

June 10, 2004.

Attorney(s) appearing for the Case

Patrick C. Asplin, Charlottesville (Mark D. Obenshain, Harrisonburg; Cheryl V. Higgins; Elizabeth M. Ayyildiz; Helen E. Phillips, Charlottesville; Keeler Obenshain, Harrisonburg; St. John, Bowling & Lawrence; Morin & Barkley, Charlottesville, on briefs), for appellants in Record Nos. 031948, 031949 and 031954.

Patrick C. Asplin, Charlottesville (Mark D. Obenshain, Harrisonburg; Cheryl V. Higgins; Daniel J. Meador, Jr.; Elizabeth M. Ayyildiz; Helen E. Phillips, Charlottesville; Keeler Obenshain, Harrisonburg; St. John, Bowling & Lawrence; Morin & Barkley, Charlottesville, on briefs), for appellants in Record No. 031953.

Richard Armstrong (Deborah C. Wyatt; Neal L. Walters; Wyatt & Armstrong; Scott & Kroner, on brief), Charlottesville, for appellees.

Present: All the Justices.

CYNTHIA D. KINSER, Justice.

In these appeals, we once again address a plaintiff's right to suffer a nonsuit. The question is: When a plaintiff who lacks standing to bring an action suffers a nonsuit, does that nonsuit then impair a proper plaintiff's absolute right to a first nonsuit in a subsequently filed new action? We answer that question in the negative because the plaintiff without standing and the proper plaintiff are not suing in the same right. Thus, we will...

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