Janvier v. Arminio

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, which arises from a medical malpractice action, the principal issue to be resolved is whether an order granting the plaintiff a second nonsuit without prejudice, pursuant to Code § 8.01-380(B), is void ab initio in the absence of notice to the named defendants when the named defendants in the suit have not yet been served with the plaintiff's motion for judgment. The merits of the underlying malpractice claim are not at issue, and the procedural facts necessary to our resolution of this appeal are not in dispute.

BACKGROUND

As will…