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Collins v. Shepherd
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…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Sep 14, 2007
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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 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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