Suter ex rel. Suter v. Freeman

By Judge H. Thomas Padrick, Jr.

This matter came for hearing before the Court on December 22,2014. At the hearing, Plaintiff moved to voluntarily nonsuit his cause of action. The Court requested that counsel brief the issue of whether a plaintiff petitioning for dissolution ofa corporation under Virginia Code § 13.1-747(A)(1) could nonsuit his claim after an election has been made by the corporation or one or more shareholders to purchase all of the Plaintiff’s shares pursuant to Virginia Code § 13.1-749.1. For the reasons stated below, the Court holds that a plaintiff in this situation cannot…