Written by Clarke Kent
On April 1, 2019, our motion as heard before Judge Lewis in the Virginia Beach Circuit Court (civil case #C215-5499) and a judgement was rendered against the plaintiff (DK) of a Nonsuit. A Nonsuit is a judgement rendered against the plaintiff who “fail to proceed to trial.” There are voluntary Nonsuit those that fail to proceed to trial and involuntary Nonsuit for those unable to prove a case. This legal decision is like a dismissal of the case, however a vital factor is missing. It does not address the merits of the case and therefore because of the adjudication is made when the complainant (DK) has simply failed to provide evidence sufficient to make a case, it does not decide the merits of her course of action and does not preclude her from bringing it up again. The term is sometimes broadly applied to various terminations of an action which does not amount to a judgement on the merits.
Justice’s opinion was that we want the trial to go forward, so that we could reveal information we learned in our investigation of DK and possibly be relevant to our quest for justice for Shellie.
Please stay tuned as we expose aspects of the case that add knowledge and insight that may add value to our quest for justice for Shellie. My question is “is it worth it?”
If so, let me hear from you!