Simmons v. Afify

BY JUDGE THOMAS S. SHADRICK

This matter comes before the Court on Defendant’s “Motion to Dismiss” based on the pleas in bar of “prior adjudication” and the running of the applicable statute of limitations. For the reasons set forth below, this Court finds that the saving provision of Code of Virginia (1950) § 8.01-229(E)(2), which tolls the running of limitation periods in certain circumstances, is inapplicable to the case at bar. Thus, Counts I, II, and III of Plaintiff s Motion for Judgment are time barred. Count IV of Plaintiff s Motion for Judgment is barred because Plaintiffs already have…