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State court of last resort · ST-VA-SC
Wilby v. Gostel
No. 021606Supreme Court of Virginia
021606 Wilby v. Gostel 04/17/2003 The trial court correctly granted plaintiff a nonsuit of all claims against all defendants in a wrongful death case, without preserving in the nonsuit order a prior ruling gra…
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021606 Wilby v. Gostel 04/17/2003 The trial court correctly granted plaintiff a nonsuit of all claims against all defendants in a…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- April 17, 2003
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021606 Wilby v. Gostel 04/17/2003 The trial court correctly granted plaintiff a nonsuit of all claims against all defendants in a wrongful death case, without preserving in the nonsuit order a prior ruling granting partial summary judgment for the defense on the ground that the decedent was contributorily negligent as a matter of law. Thus the nonsuit order was not a final appealable order with respect to the issue of contributory negligence. The appeal is dismissed and the judgment is affirmed.
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AffirmedDismissedGranted
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021606 Wilby v. Gostel 04/17/2003 The trial court correctly granted plaintiff a nonsuit of all claims against all defendants in a wrongful death case, without preserving in the nonsuit order a prior ruling granting partial summary judgment for the defense on the ground that the decedent was contributorily negligent as a matter of law. Thus the nonsuit order was not a final appealable order with respect to the issue of contributory negligence. The appeal is dismissed and the judgment is affirmed.
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