Conner v. Rose

Code § 8.01-380(A) contains a limitation which provides that “[a]fter 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, unless that court is without jurisdiction.” In this appeal, we consider whether Code § 8.01-380(A) permits a plaintiff to nonsuit an action in a general district court and to refile that action in a circuit court, claiming damages in excess of the jurisdiction of the general district court.

In 1994, Annie Conner filed an action against James M. Rose in the Richmond City…