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V★TE FILESUnited States edition
Independent · nonpartisan
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State court of last resort · ST-VA-SC

Collins v. Shepherd

No. 061728Supreme Court of Virginia

061728 Collins v. Shepherd 09/14/2007 In a civil case for personal injury damages in which the circuit court sua sponte entered an order of dismissal with prejudice pursuant to a local rule providing for the d…

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061728 Collins v. Shepherd 09/14/2007 In a civil case for personal injury damages in which the circuit court sua sponte entered a…

At a glance
Court
Supreme Court of Virginia
First seen
Oct 4, 2026
Last entry
Sep 14, 2007
Policy at issue

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Official docket

Case timeline

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Docket entry

061728 Collins v. Shepherd 09/14/2007 In a civil case for personal injury damages in which the circuit court sua sponte entered an order of dismissal with prejudice pursuant to a local rule providing for the dismissal of cases not served upon the defendant within one year of filing, the local rule is held invalid because it conflicts with Code §§ 8.01-335 and, therefore, the circuit court was without authority to dismiss the case pursuant to that rule. The plaintiff's failure to challenge the dismissal order until after the expiration of the twenty-one day limitation period in Rule 1:1 is no bar to review because the subject order was void ab initio, subject to challenge at any time.

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