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State court of last resort · ST-VA-SC
Conger v. Barrett
No. 091492Supreme Court of Virginia
091492 Conger v. Barrett 11/04/2010 Where a pending wrongful death action was dismissed for inactivity pursuant to Code § 8.01-335(B) but reinstated within one year on notice and motion, the circuit court erre…
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091492 Conger v. Barrett 11/04/2010 Where a pending wrongful death action was dismissed for inactivity pursuant to Code § 8.01-33…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 4, 2010
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091492 Conger v. Barrett 11/04/2010 Where a pending wrongful death action was dismissed for inactivity pursuant to Code § 8.01-335(B) but reinstated within one year on notice and motion, the circuit court erred in dismissing the reinstated action as time-barred. The motion to reinstate the case did not create "another action" subject to the wrongful death limitation period in Code § 8.01-244(B), but instead sought reopening of an existing action. Code § 8.01-335(B) establishes a one-year period for reinstatement, which had not expired when the court entered the order in this case. The judgment is reversed and the case is remanded.
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· Supreme Court of Virginia
ReversedRemandedDismissed
The court's record, as written
091492 Conger v. Barrett 11/04/2010 Where a pending wrongful death action was dismissed for inactivity pursuant to Code § 8.01-335(B) but reinstated within one year on notice and motion, the circuit court erred in dismissing the reinstated action as time-barred. The motion to reinstate the case did not create "another action" subject to the wrongful death limitation period in Code § 8.01-244(B), but instead sought reopening of an existing action. Code § 8.01-335(B) establishes a one-year period for reinstatement, which had not expired when the court entered the order in this case. The judgment is reversed and the case is remanded.
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