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Laws-info.com » Cases » Virginia » Supreme Court » 1996 » 951761 Swann v. Marks 09/13/1996 Since a nonsuit order was not a final judgment and did not clothe a substitution order with the force of res judicata, the trial court's consideration of the special p
951761 Swann v. Marks 09/13/1996 Since a nonsuit order was not a final judgment and did not clothe a substitution order with the force of res judicata, the trial court's consideration of the special p
State: Virginia
Court: Supreme Court
Docket No: 951761
Case Date: 09/13/1996
Plaintiff: 951761 Swann
Defendant: Marks 09/13/1996 Since a nonsuit order was not a final judgment and did not clothe a substitution o
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JAMES M. SWANN v. Record No. 951761 OPINION BY JUSTICE ELIZABETH B. LACY September 13, 1996

STEVEN L. MARKS, ESQ., PERSONAL REPRESENTATIVE, ETC.

FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND James B. Wilkinson, Judge In this personal injury action, we consider whether a motion for judgment filed against the "estate" of a deceased person tolls the statute of limitations, and whether substitution of the personal representative for the "estate" is the correction of a misnomer under Code
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