McManama v. Plunk

This appeal attacks a party’s statutory right to one voluntary nonsuit, as authorized by Code § 8.01-380(B).

Code § 8.01-229(E)(3) also is implicated here. As pertinent, the subsection provides that “[i]f a plaintiff suffers a voluntary nonsuit as prescribed in § 8.01-380, the statute of limitations with respect to such action shall be tolled by the commencement of the nonsuited action, and the plaintiff may recommence his action within six months from the date of the order entered by the court, or within the original period of limitation, . . . whichever period is longer.”

The chronology is…