Kosko v. RamserAnnotate this Case
The Supreme Court reversed the judgment of the circuit court awarding costs to Defendants under Va. Code 8.01-380 after the entry of a nonsuit order, holding that, under Rule 1:1, the written order awarding costs was untimely and must be vacated.
Plaintiff filed a medical malpractice suit against Defendants. After the circuit court granted Defendants' motion to disqualify Plaintiff's expert witness, Plaintiff voluntarily nonsuited the case. Twenty days after entry of the nonsuit order, the court stated from the bench that it would award costs to Defendants. However, the court's written order awarding costs was entered more than twenty-one days after entry of the nonsuit order. The Supreme Court held that the order was void because it was entered more than twenty-one days following entry of the nonsuit order.