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HICKS EX REL. HICKS v. MELLIS

Record No. 070344.

657 S.E.2d 142 (2008)

Michael HICKS, A Minor, who sues by his Mother and Next Friend, Darlene A. HICKS v. Peter MELLIS, M.D.

Supreme Court of Virginia.

February 29, 2008.

Attorney(s) appearing for the Case

Gerald R. Wash, Fairfax, for appellant.

Elizabeth Griffin Robertson (Kathleen M. McCauley, Goodman, Allen & Filetti, on brief), Charlottesville, for appellee.

Present: All the Justices.

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, we consider the effect of an order reinstating a medical malpractice action under Code § 8.01-335(B) that was entered without notice to the defendant. The issue arose when the plaintiff obtained a nonsuit of the reinstated action and filed a new motion for judgment, which was the first pleading in either of these actions that was served on the defendant. The judgment order on appeal before us is the circuit...

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