Kelly v. Carrico

As relevant to this appeal, Code § 8.01-380(A) provides that a party shall not be allowed to take a voluntary nonsuit “unless he does so before a motion to strike the evidence has been sustained or before the jury retires from the bar or before the action has been submitted to the court for decision.” In this case, we consider whether the trial court’s order granting a motion for nonsuit on the basis that the action had not been submitted to the court for decision is erroneous.

Delores Carrico filed a motion for judgment against Roger Lee Kelly. Carrico, who had nonsuited a prior action…