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State court of last resort · ST-VA-SC
Williamsburg Peking Corp. v. Kong
No. 042265Supreme Court of Virginia
042265 Williamsburg Peking Corp. v. Kong 09/16/2005 Where a motion for sanctions pursuant to Code § 8.01-271.1 is pending when a plaintiff moves for a first nonsuit, the trial court is empowered to consider th…
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042265 Williamsburg Peking Corp. v. Kong 09/16/2005 Where a motion for sanctions pursuant to Code § 8.01-271.1 is pending when a …
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- September 16, 2005
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042265 Williamsburg Peking Corp. v. Kong 09/16/2005 Where a motion for sanctions pursuant to Code § 8.01-271.1 is pending when a plaintiff moves for a first nonsuit, the trial court is empowered to consider the sanctions motion either before entry of the nonsuit order or within 21 days after the entry thereof. The trial court's contrary ruling in the present case was erroneous and is reversed. The nonsuit order is set aside and vacated, and the case is remanded with directions to consider the motion for sanctions prior to granting plaintiff's nonsuit motion.
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· Supreme Court of Virginia
ReversedVacatedRemandedGranted
The court's record, as written
042265 Williamsburg Peking Corp. v. Kong 09/16/2005 Where a motion for sanctions pursuant to Code § 8.01-271.1 is pending when a plaintiff moves for a first nonsuit, the trial court is empowered to consider the sanctions motion either before entry of the nonsuit order or within 21 days after the entry thereof. The trial court's contrary ruling in the present case was erroneous and is reversed. The nonsuit order is set aside and vacated, and the case is remanded with directions to consider the motion for sanctions prior to granting plaintiff's nonsuit motion.
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