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BERRY v. F & S FINANCIAL MARKETING, INC.

Record No. 050702.

626 S.E.2d 821 (2006)

271 Va. 329

Denise S. BERRY, v. F & S FINANCIAL MARKETING, INC.

Supreme Court of Virginia.

March 3, 2006.

Attorney(s) appearing for the Case

Charles R. Haugh (Haugh & Haugh, on brief), Charlottesville, for appellant.

Jonathan T. Wren (Robert E. Byrne, Jr.: Martin & Raynor, on brief), Charlottesville, for appellee.

The Virginia Trial Lawyers Ass'n (Avery T. Waterman, Jr.; Christopher A. Meyer; Patrick C. Karppi; Patten, Wornom, Hatten & Diamonstein; Allen, Allen, Allen & Allen, on brief), amici curiae in support of appellee.

Present: All the Justices.

CYNTHIA D. KINSER, Justice.

In this appeal, we once again address the interplay between a plaintiff's right to a voluntary nonsuit under Code § 8.01-380 and the bar against judgment in former Rule 3:3(c).1 Because the plaintiff in this case requested a nonsuit prior to the defendant's motion to dismiss for failure to satisfy the one-year service of process requirement set forth in Rule 3:3(c) and Code § 8.01-275.1, we will affirm...

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