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RUTTER v. OAKWOOD LIVING CENTERS OF VA.

Record No. 100499.

710 S.E.2d 460 (2011)

282 Va. 4

Barbara A. RUTTER, Administratrix of the Estate of Virgil W. Rutter, Deceased. v. OAKWOOD LIVING CENTERS OF VIRGINIA, INC.

Supreme Court of Virginia.

June 9, 2011.

Attorney(s) appearing for the Case

John B. Gaidies (Joynes & Gaidies, on briefs), Virginia Beach, for appellant.

Jontille D. Ray ( Richard J. Cromwell ; Erin Q. Ashcroft , Norfolk; McGuireWoods, Richmond, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and RUSSELL and KOONTZ, S.JJ.

OPINION BY Chief Justice CYNTHIA D. KINSER.

In this appeal, we conclude that Code § 8.01-335(B), governing the discontinuance or dismissal of inactive cases, does not permit a trial court to discontinue or dismiss such a case with a self-executing, prospective order. As that conclusion renders the order appealed from not final for purposes of appeal, we will dismiss this appeal without prejudice.

RELEVANT FACTS AND PROCEEDINGS

Barbara A. Rutter...

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