Khanna v. DOMINION BANK OF N. VA., NA

As pertinent to this appeal, Code § 8.01-380(A) provides that a party shall not be allowed to suffer a 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.” The sole issue in this case is whether the trial court erred in denying a motion for nonsuit, ruling that the action had been submitted to the court for decision.

In May 1984, appellee Dominion Bank of Northern Virginia, N.A., filed a motion for judgment in detinue against appellants Harjinderpal Khanna…