Moore v. Gillis

Code § 8.01-380(A) contains a limitation which provides that “[ajfter a nonsuit no new proceeding on the same cause of action or against the same party shall be had in any court other than that in which the nonsuit was taken.” The question for decision in this case is whether the limitation applies to a second proceeding brought in another court prior to the time the first proceeding is nonsuited. The trial court held that the limitation does apply and dismissed the second proceeding. We granted an appeal to review the trial court’s action.

The record shows that on April 18, 1985, the…