Virginia High Court: Order Dismissing Inactive Case Invalid

RICHMOND, Va. – The Virginia Supreme Court on June 9 held that state Code Section 8.01-335(B), which governs the discontinuance or dismissal of inactive cases, does not allow a trial court to discontinue or dismiss such a case with a “self-executing, prospective order.” However, the order at issue related to only one of several defendants in the nursing home wrongful death cause of action and was not final; therefore, the appeal was dismissed without prejudice for lack of jurisdiction (Barbara A. Rutter, et al. v. Oakwood Living Centers of Virginia Inc., et al., No. 100499, Va. Sup.; 2011 Va. LEXIS 123).
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