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LYREN v. OHR

Record No. 050768.

623 S.E.2d 883 (2006)

271 Va. 155

Marilyn LYREN v. Christopher OHR, et al.

Supreme Court of Virginia.

January 13, 2006.

Attorney(s) appearing for the Case

Alan S. Toppelberg, Washington, DC (Andrew S. Kasmer, Greenbelt, MD; Alan S. Toppelberg & Associates, on brief), Washington, DC, for appellant.

August W. Steinhilber, III (Julia B. Judkins; Brault, Palmer, Grove, White & Steinhilber, Trichilo, Bancroft, McGavin, Horvath & Judkins, on brief), Fairfax, for appellees.

Present: All the Justices.

CYNTHIA D. KINSER, Justice.

The issue in this appeal concerns whether a defendant, who was served with process more than one year after commencement of an action and did not take advantage of that defect in service of process by filing a motion in accordance with Code § 8.01-277, can raise the bar against judgment in Rule 3:3(c) after having entered a general appearance by filing a pleading to the merits. Because a general appearance waives all questions concerning...

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