Berry v. F & S Financial Marketing, Inc.

CYNTHIA D. KINSER, Justice.

In this appeal, we once again address the interplay between a plaintiff's right to a voluntary nonsuit under Code § 8.01-380 and the bar against judgment in former Rule 3:3(c). 1 Because the plaintiff in this case requested a nonsuit prior to the defendant's motion to dismiss for failure to satisfy the one-year service of process requirement set forth in Rule 3:3(c) and Code § 8.01-275.1, we will affirm the judgment of the circuit court granting the nonsuit.

MATERIAL FACTS AND PROCEEDINGS

F & S Financial Marketing, Inc. (F & S), commenced this action to obtain a…