Miller v. Greene County School Board

By Judge Daniel R. Bouton

The court has reviewed the above referenced file, along with the arguments that have been submitted on the status of the case. The court will grant the motion to nonsuit the case and deny the motion to dismiss it with prejudice. The primary reason for the court’s ruling is that the order of November 13,2007, which sustained the demurrer of the defendants, did not actually dismiss the case. Therefore, it was not a final order, and the plaintiff retained his right to a voluntary nonsuit under the provisions of Va. Code § 8.01-380.

In support of its ruling, the court…