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State court of last resort · ST-VA-SC
Brake v. Payne
No. 031948Supreme Court of Virginia
031948 Brake v. Payne 06/10/2004 After a plaintiff who lacked standing to bring an action took a nonsuit, the circuit court ruled correctly in a second action -- by a proper plaintiff -- in allowing a nonsuit …
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031948 Brake v. Payne 06/10/2004 After a plaintiff who lacked standing to bring an action took a nonsuit, the circuit court ruled…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- June 10, 2004
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031948 Brake v. Payne 06/10/2004 After a plaintiff who lacked standing to bring an action took a nonsuit, the circuit court ruled correctly in a second action -- by a proper plaintiff -- in allowing a nonsuit as a matter of right because the plaintiff without standing and the proper plaintiff in the second action were not suing in the same right. However, the court erred by entering that nonsuit order nunc pro tunc to a date 18 months earlier when the motion for nonsuit was filed. The judgment is affirmed in part, reversed in part, and the case is remanded.
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031948 Brake v. Payne 06/10/2004 After a plaintiff who lacked standing to bring an action took a nonsuit, the circuit court ruled correctly in a second action -- by a proper plaintiff -- in allowing a nonsuit as a matter of right because the plaintiff without standing and the proper plaintiff in the second action were not suing in the same right. However, the court erred by entering that nonsuit order nunc pro tunc to a date 18 months earlier when the motion for nonsuit was filed. The judgment is affirmed in part, reversed in part, and the case is remanded.
Outcome words in this text: affirmed, reversed, remanded.
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