Martin v. DeJarnette

BY JUDGE EDWARD L. HOGSHIRE

This matter comes before the Court on Defendant’s Motion on Special Plea of Statute of Limitations and Motion to Dismiss. The issue is whether the plaintiff made a proper filing in the original action so as to toll the limitations period. If the first action was not proper, the tolling provision does not apply, and thus the re-filed suit is time-barred. Based on the foregoing reasons, Defendant’s motion is granted.

Defendant also argues that because he was not given notice of the reinstatement of Law No. 98-62 pursuant to Va. Code § 8.01-335, his due process rights…