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State court of last resort · ST-VA-SC
Janvier v. Arminio
No. 052231Supreme Court of Virginia
052231 Janvier v. Arminio 09/15/2006 In a medical malpractice action, an order granting the plaintiff a second nonsuit without prejudice pursuant to Code § 8.01-380(B) was not void ab initio due to a failure t…
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052231 Janvier v. Arminio 09/15/2006 In a medical malpractice action, an order granting the plaintiff a second nonsuit without pr…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- September 15, 2006
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052231 Janvier v. Arminio 09/15/2006 In a medical malpractice action, an order granting the plaintiff a second nonsuit without prejudice pursuant to Code § 8.01-380(B) was not void ab initio due to a failure to give notice to the named defendants, who had not yet been served. Since the order was not void, upon a proper finding that the second nonsuit order did not result from fraud, the trial court had no authority to vacate the second nonsuit order after it became final 21 days following entry. The action, re-filed within six months of the entry of the second nonsuit order, was timely. Rulings of the trial court are reversed in part and the case is remanded for further proceedings.
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052231 Janvier v. Arminio 09/15/2006 In a medical malpractice action, an order granting the plaintiff a second nonsuit without prejudice pursuant to Code § 8.01-380(B) was not void ab initio due to a failure to give notice to the named defendants, who had not yet been served. Since the order was not void, upon a proper finding that the second nonsuit order did not result from fraud, the trial court had no authority to vacate the second nonsuit order after it became final 21 days following entry. The action, re-filed within six months of the entry of the second nonsuit order, was timely. Rulings of the trial court are reversed in part and the case is remanded for further proceedings.
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