swanenburg final order 11 20 2013 newport news circuit court
DESCRIPTION
Plaintiff, Christopher T. Swanenburg granted Nonsuit in case. Effectively ending an action filed by Christopher T. Swanenburg without going to the jury for a final decision. Action prevented defendant from presenting his case, effectively ending over two years of expensive litigation with no decision because plaintiff withdraws from the action without consequence. Immediately after or before, defendant called his first witness, plaintiff, Christopher T. Swanenburg, through counsel, moved the court to nonsuit his case prompting defense counsel to object to the nonsuit motion and file for sanctions. The trial is effectively over now that the judge has granted Swanenburg's motion for nonsuit. Effectively a nonsuited case is one in which the plaintiff moves to withdraw from the case and in some cases can refile at a later date. In this case the plaintiff has ended a case that he filed preventing the defendant from presenting his case. According to an article written by Richard G. Moore in the University of Richmond Law Review a voluntary nonsuit is a potent weapon for the plaintiff and has long been the subject of controversy and debate in Virginia. The article points out that the effect of a voluntary nonsuit is unduly burdensome to defendants and the judicial system. The article suggests that nonsuiting may be favorable to the plaintiff but inequitable to the defendant and as such basically leaves the case undecided.TRANSCRIPT
