HICKS EX REL. HICKS v. Mellis
Supreme Court of Virginia
1Opinion of the Court
OPINION BY Justice BARBARA MILANO KEENAN.
In this appeal, we consider the effect of an order reinstating a medical malpractice action under Code § 8.01-335(B) that was entered without notice to the defendant. The issue arose when the plaintiff obtained a nonsuit of the reinstated action and filed a new motion for judgment, which was the first pleading in either of these actions that was served on the defendant. The judgment order on appeal before us is the circuit court's final order dismissing the new motion for judgment on the ground that the action was barred by the statute of limitations…
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