Chatman v. Nowell's Auto & Truck Repair

By Judge Frank A. Hoss, Jr.

The issue before the Court in this case is whether a Plaintiff, who filed his cause of action in the General District Court, nonsuited that action, refiled same in the General District Court, proceeded to trial, appealed the results of that trial, and then, at the trial of the appeal in the Circuit Court, moved for a nonsuit, has available to him such a nonsuit as a matter of right. After considering the briefs filed by the parties, I am of the opinion that he does not have an additional nonsuit of right.

As both parties point out, there is no Virginia case directly…