Sheets v. Castle, 559 S.E.2d 616 (Va. 2002). · Go Syfert
Sheets v. Castle, 559 S.E.2d 616 (Va. 2002). Cases Citing This Book View Copy Cite
153 citation events (153 in the last 25 years) across 9 distinct courts.
Strongest positive: Simpson v. Clarke (vaed, 2023-08-24)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 43 distinct citers.
examined Cited as authority (verbatim quote) Simpson v. Clarke
E.D. Va. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the refusal of a petition for appeal is based upon the merits of the case . . . unless the grounds upon which the refusal is based is discernible from the four corners of the court's order, the denial carries no precedential value
discussed Cited as authority (verbatim quote) Jon S. Wheeler v. Kimberly R. Wheeler
Va. Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
we hold that under the plain meaning of the term, there is no 'prevailing party' when a nonsuit is awarded.
examined Cited as authority (verbatim quote) Eggleton v. Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft, MBH (4×) also: Cited as authority (quoted)
8th Cir. · 2007 · quote attribution · 4 verbatim quotes · confidence high
a nonsuit does not involve a decision on the merits, rather, it simply puts an end to the present action, but is no bar to a subsequent action for the same cause.
discussed Cited as authority (verbatim quote) David Eggleton v. Plasser & Theurer
8th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
a nonsuit does not involve a decision on the merits, rather, it simply puts an end to the present action, but is no bar to a subsequent action for the same cause.
discussed Cited as authority (rule) Kristin L. Frykman v. ADO Home Services, LLC
Va. Ct. App. · 2025 · confidence medium
The Supreme Court of Virginia has long adopted the Black’s Law Dictionary definition of “prevailing party”: a “party in whose favor a judgment is rendered, regardless of the amount of damages.” West Square, L.L.C. v. Commc’n Techs., 274 Va. 425, 433 (2007) (quoting Sheets v. Castle, 263 Va. 407, 413 (2002)).
discussed Cited as authority (rule) ADO Home Services, LLC v. Kristin L. Frykman
Va. Ct. App. · 2025 · confidence medium
The Supreme Court of Virginia has long adopted the Black’s Law Dictionary definition of “prevailing party”: a “party in whose favor a judgment is rendered, regardless of the amount of damages.” West Square, L.L.C. v. Commc’n Techs., 274 Va. 425, 433 (2007) (quoting Sheets v. Castle, 263 Va. 407, 413 (2002)).
discussed Cited as authority (rule) Amazon Logistics, Inc. v. Virginia Employment Commission
Va. · 2025 · confidence medium
As we have previously stated, “unless the grounds upon which the refusal is based is discernible from the four corners of the Court’s order, the denial carries no precedential value.” Sheets v. Castle, 263 Va. 407, 412 (2002). 9 in this case; our inquiry stops there.
discussed Cited as authority (rule) Sanjay Sainani v. Belmont Glen Homeowners Association, Inc.
Va. Ct. App. · 2024 · confidence medium
A “prevailing party” is “the party in whose favor the decision or verdict in the case is or should be rendered and judgment entered, and in determining this question the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” Sheets v. Castle, 263 Va. 407, 414 (2002) (quoting Richmond v. County of Henrico, 185 Va. 859, 869 (1947)).
discussed Cited as authority (rule) Virginia Alcoholic Beverage Control Authority v. Zero Links Markets, Inc. t/a VinoShipper.com
Va. Ct. App. · 2023 · confidence medium
To understand the meaning of shipping, “[w]e need not go [further] than Black’s Law Dictionary for its common meaning.” West Square, LLC v. Commc’n Technologies, Inc., 274 Va. 425, 436 (2007) (quoting Sheets v. Castle, 263 Va. 407, 413 (2002)).
discussed Cited as authority (rule) John Massey, Jr. v. Virginia Polytechnic Institute
4th Cir. · 2023 · confidence medium
While a successful assertion of sovereign immunity deprives the court of the active jurisdiction to adjudicate the merits of that particular case, an order granting a voluntary nonsuit is not a decision on the merits, see Sheets v. Castle, 559 S.E.2d 616, 620 (Va. 2002), 10 USCA4 Appeal: 22-1320 Doc: 32 Filed: 07/31/2023 Pg: 11 of 17 and active jurisdiction over the merits of the case is not required for its issuance.
discussed Cited as authority (rule) GW Acquisition Co., LLC v. Pageland Limited Liability Company
E.D. Va. · 2023 · confidence medium
In Virginia, the “prevailing party” is the “party in whose favor a judgment is rendered, regardless of the amount of damages,” and in making this determination, “the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” Sheets v. Castle, 559 S.E.2d 616, 620 (Va. 2002) (quoting Richmond v. County of Henrico, 41 S.E. 2d 35, 41 (Va. 1947)).
discussed Cited as authority (rule) Guarino v. Clarke
E.D. Va. · 2022 · confidence medium
Castle, 559 S.E.2d 616, 619 (Va. 2002) (an appellate court’s refusal of a petition for appeal, generally, constitutes a decision on the merits).
discussed Cited as authority (rule) Christina Marie Winingham v. Steven Elmore Winingham, II
Va. Ct. App. · 2021 · confidence medium
A “prevailing party” is “the party in whose favor the decision or verdict in the case is or should be rendered and judgment entered, and in determining this question the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” Sheets v. Castle, 263 Va. 407, 414 (2002) (quoting Richmond v. Cnty. of Henrico, 185 Va. 859, 869 (1947)).
discussed Cited as authority (rule) Medvedev v. Clarke
E.D. Va. · 2020 · confidence medium
Let the Clerk send a copy of this Opinion to all counsel of record. sh 7 Richmond, VA John A. Gibney, Jr. ; United States Distritt Judge + “With the exception of cases with procedural defects and the limited number of cases for which appellate review by the Supreme Court of Virginia is dependent upon ‘a substantial constitutional question as a determinative issue or matters of significant precedential value’ ([Va.] Code §§ 17.1-410[, 17.1]-411), the refusal of a petition for appeal constitutes a decision on the merits.” Sheets v. Castle, 263 Va. 407, 411 , 559 S.E.2d 616, 619 (2002).
discussed Cited as authority (rule) Alice Jin-Yue Guan v. Bing Ran
Va. Ct. App. · 2017 · confidence medium
Ran claims that he was the prevailing party because he prevailed on a majority of the issues presented to the circuit court.14 The Supreme Court has defined the term “prevailing party” when used in a similar context as: “[a] party in whose favor a judgment is rendered, regardless of the amount of damages awarded.” Sheets v. Castle, 263 Va. 407, 413 , 559 S.E.2d 616, 620 (2002) (quoting Black’s Law Dictionary 1145 (7th ed. 1999)).
discussed Cited as authority (rule) Route Triple Seven Ltd. Partnership v. Total Hockey, Inc.
E.D. Va. · 2015 · confidence medium
The Supreme Court of Virginia has defined “prevailing party” as a “party in whose favor a judgment is rendered, regardless of the amount of damages awarded.” Sheets v. Castle, 263 Va. 407 , 559 S.E.2d 616, 620 (2002).
discussed Cited as authority (rule) Fishel v. Windsor Plaza Condo. Ass'n
Va. · 2014 · confidence medium
Code § 36-96.16(D) states, “In any court proceeding arising under this section, the court, in its discretion, may allow the prevailing party reasonable attorney’s fees and costs.” A “prevailing party” is “[a] party in whose favor a judgment is rendered, regardless of the amount of damages awarded.” Sheets v. Castle, 263 Va. 407, 413 , 559 S.E.2d 616, 620 (2002) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) V. Adamson, III v. Columbia Gas Transmission, LLC (2×) also: Cited "see"
4th Cir. · 2014 · confidence medium
Sheets v. Castle, 263 Va. 407 , 559 S.E.2d 616, 618-21 (2002).
discussed Cited as authority (rule) Terra Nyree Hines v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2012 · confidence medium
As a “decision on the merits,” the Neria affirmance order has precedential value because the analytical “grounds” for the decision are “discernible from the four corners of the Court’s order.” Sheets v. Castle, 263 Va. 407, 411-12 , 559 S.E.2d 616, 619 (2002).
cited Cited as authority (rule) Grossberg v. Travelers Indemnity Co. of America
E.D. Va. · 2011 · confidence medium
Bevel v. Commonwealth, 282 Va. 468 , 717 S.E.2d 789, 792 (2011) (citing Sheets v. Castle, 263 Va. 407 , 559 S.E.2d 616, 618-19 (2002)).
discussed Cited as authority (rule) Bevel v. Com.
Va. · 2011 · signal: cf. · confidence medium
Cf. Sheets v. Castle, 263 Va. 407, 410-12 , 559 S.E.2d 616, 618-19 (2002) (holding that with respect to unpublished order denying a petition for appeal, a clear statement of the grounds for the denial "is indispensable in assessing its potential applicability in future cases" and that "unless the grounds upon which the [denial] is based [are] discernable from the four corners of the ... order, the denial carries no precedential value").
discussed Cited as authority (rule) Signature Flight Support Corp. v. Landow Aviation Ltd. Partnership
4th Cir. · 2011 · confidence medium
Under Virginia law, the “prevailing party” is the party “in whose favor a judgment is rendered, regardless of the amount of damages awarded.” Sheets v. Castle, 263 Va. 407 , 559 S.E.2d 616, 620 (2002) (citing Black’s Law Dictionary, 1145 (7th ed.1999)).
discussed Cited as authority (rule) Smith v. Commonwealth (2×)
Va. Ct. App. · 2010 · confidence medium
In Sheets v. Castle, 263 Va. 407, 411 , 559 S.E.2d 616, 619 (2002), our Supreme Court stated: With the exception of cases with procedural defects and the limited number of cases for which appellate review by the Supreme Court of Virginia is dependent upon "a substantial constitutional question as a determinative issue or matters of significant precedential value” (Code §§ 17.1-410 and -411), the refusal of a petition for appeal constitutes a decision on the merits.
examined Cited as authority (rule) Harshaw v. Bethany Christian Services (3×) also: Cited "see"
W.D. Mich. · 2010 · confidence medium
Sheets, 559 S.E.2d at 619-20 , 263 Va. at 412 (emphasis added) (internal citations and quotation marks omitted).
discussed Cited as authority (rule) Dolores Davis v. County of Fairfax
Va. Ct. App. · 2010 · confidence medium
Via entry of the October 29, 2008 order quoted in the text, the Supreme Court transferred the appeal back to us. forfeiture actions under Code § 3.1-796.115 and transferring the appeal to the Supreme Court after concluding that the Supreme Court’s holding in the instant case, Davis, was not binding in Settle because “the grounds upon which the Davis transfer [was] based [were] not discernable from the four corners of the order” as required by Sheets v. Castle, 263 Va. 407, 412 , 559 S.E.2d 616, 619 (2002), in order for the action to “‘carr[y] . . . precedential value’” in other …
cited Cited as authority (rule) Settle v. Commonwealth
Va. Ct. App. · 2009 · confidence medium
Id. at 411, 559 S.E.2d at 619 (emphasis added).
discussed Cited as authority (rule) Commonwealth v. Settlement Funding, L.L.C. (2×)
Fairfax Cir. Ct. · 2008 · confidence medium
Sheets v. Castle, 263 Va. 407, 411, 559 S.E.2d 616, 619 (2002).
discussed Cited as authority (rule) MacArthur v. University of Virginia Health Services Foundation
Charlottesville Cir. Ct. · 2006 · confidence medium
Although a denial of a petition for appeal is a decision on the merits, see, i.e., Sheets v. Castle, 263 Va. 407, 412 (2002), it only has precedential value if the basis for refusing the appeal is discernible from the “four comers” of the court’s order.
cited Cited as authority (rule) Parsch v. Massey
Charlottesville Cir. Ct. · 2006 · confidence medium
Sheets v. Castle, 263 Va. 407, 413 (2003).
discussed Cited as authority (rule) XL Specialty Insurance Company v. Commonwealth of Virginia, Department of Transportation (2×)
Va. Ct. App. · 2006 · confidence medium
Sheets v. Castle, 263 Va. 407, 410 , 559 S.E.2d 616, 618 (2002).
cited Cited as authority (rule) Rose Hall Homeowner's Ass'n v. Jelinek
Fairfax Cir. Ct. · 2004 · confidence medium
Sheets v. Castle, 263 Va. 407, 413 (2002).
discussed Cited as authority (rule) Daniels v. Warden of the Red Onion State Prison
Va. · 2003 · confidence medium
Thus, Daniels contends that, as would be permitted in any other civil case, he is entitled to commence a new proceeding on the same cause without limitation on the introduction of new claims and allegations of fact. 2 This is so, he asserts, because “[a] nonsuit does not involve a decision on the merits, rather it ‘simply [puts] an end to the present action, but is no bar to a subsequent action for the same cause.’ ” Sheets v. Castle, 263 Va. 407, 413 , 559 S.E.2d 616, 620 (2002) (quoting Payne v. Buena Vista Extract Co., 124 Va. 296, 311 , 98 S.E. 34, 39 (1919)).
discussed Cited as authority (rule) Daniels v. WARDEN OF RED ONION STATE PRISON
Va. · 2003 · confidence medium
Thus, Daniels contends that, as would be permitted in any other civil case, he is entitled to commence a new proceeding on the same cause without limitation on the introduction of new claims and allegations of fact. [2] This is so, he asserts, because "[a] nonsuit does not involve a decision on the merits, rather it `simply [puts] an end to the present action, but is no bar to a subsequent action for the same cause.'" Sheets v. Castle, 263 Va. 407, 413 , 559 S.E.2d 616, 620 (2002) (quoting Payne v. Buena Vista Extract Co., 124 Va. 296, 311 , 98 S.E. 34, 39 (1919)).
discussed Cited as authority (rule) Kevin Alexander Connell v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
Except under limited circumstances inapplicable here, the Virginia Supreme Court's "refusal of a petition for appeal constitutes a decision on the merits." Sheets v. Castle, 263 Va. 407, 411 , 559 S.E.2d 616, 619 (2002). 3 Appellant also relies upon Bausell v. Commonwealth, 165 Va. 669 , 181 S.E. 453 (1935), a case not cited by the parties or this Court in Connell I.
discussed Cited as authority (rule) Fowler v. Winchester Medical Center, Inc.
Va. · 2003 · confidence medium
Sheets v. Castle, 263 Va. 407, 410 , 559 S.E.2d 616, 618 (2002). *134 The Virginia Wrongful Death Act, Title 8.01, Ch. 3, Art. 5 of the Code of Virginia provides in part that such an action “shall be brought by and in the name of the personal representative of such deceased person within the time limits specified in [Code] § 8.01-244.” Code § 8.01-50(B).
discussed Cited as authority (rule) Armstrong v. Commonwealth
Va. · 2002 · confidence medium
As we have recently noted, while “the refusal of a petition for appeal is based upon the merits of the case . . . unless the grounds upon which the refusal is based is discemable from the four comers of the Court’s order, the denial carries no precedential value.” Sheets v. Castle, 263 Va. 407, 412 , 559 S.E.2d 616, 619 (2002).
cited Cited "see" Hassan Bah v. William Barr
4th Cir. · 2020 · signal: see · confidence high
Va. Code Ann. § 17.1-413 ; see Sheets v. Castle, 559 S.E.2d 616, 619 (Va. 2002).
discussed Cited "see" Commonwealth v. Va. Ass'n of Counties Grp. Self Ins. Risk Pool (2×)
Va. · 2016 · signal: see · confidence high
See Sheets v. Castle, 263 Va. 407 , 411, 559 S.E.2d 616 , 619 (2002).
discussed Cited "see" Schlegel v. Bank of America, N.A. (2×)
Va. · 2006 · signal: see · confidence high
See Sheets v. Castle, 263 Va. 407 , 410, 559 S.E.2d 616 , 618 (2002).
discussed Cited "see" Ulloa v. Qsp, Inc. (2×)
Va. · 2006 · signal: see · confidence high
See Sheets v. Castle, 263 Va. 407 , 413, 559 S.E.2d 616 , 620 (2002) (adopting Black's Law Dictionary definition of "prevailing party" as a "party in whose favor a judgment is rendered, regardless of the amount of damages awarded"); see also Chase v. DaimlerChrysler Corp., 266 Va. 544 , 548-49, 587 S.E.2d 521 , 523 (2003) (equating "prevailing party" with "successful party").
discussed Cited "see" Simon v. Forer (2×)
Va. · 2003 · signal: see · confidence high
See Sheets v. Castle, 263 Va. 407, 410 , 559 S.E.2d 616, 618 (2002); Willard v. Moneta Bldg.
discussed Cited "see, e.g." Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC (2×)
E.D. Va. · 2014 · signal: see, e.g. · confidence low
See e.g., Sheets v. Castle, 263 Va. 407 , 559 S.E.2d 616, 620 (2002) (turning to Black’s Law Dictionary for the plain meaning of “prevailing party”); Hubbard v. Henrico Ltd.
discussed Cited "see, e.g." Adamson v. Columbia Gas Transmission, LLC (2×)
E.D. Va. · 2013 · signal: see also · confidence low
Co., 269 Va. 399 , 407 n. 7, 611 S.E.2d 531 , 535 n. 7 (2005); see also Sheets v. Castle, 263 Va. 407, 411-12 , 559 S.E.2d 616, 619 (2002). .
Kenneth R. Sheets, Et Al.
v.
Harriet A. Castle
Record 010965.
Supreme Court of Virginia.
Mar 1, 2002.
559 S.E.2d 616
Glenn M. Hodge (Wharton, Aldhizer & Weaver, on briefs), for appellants., Mark N. Reed (Reed & Reed, on brief), for appellee.
Donald W. Lemons.
Cited by 65 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Eighth Circuit (2) · E.D. Virginia (1)
JUSTICE LEMONS

delivered the opinion of the Court.

In this appeal, we consider whether a denial of a petition for appeal by the Supreme Court of Virginia has precedential effect. Additionally, we consider whether a defendant is a “prevailing party” under the terms of a contract when the plaintiff takes a voluntary nonsuit.

I. Facts and Proceedings Below

On November 19, 1999, Kenneth R. and Ann R. Sheets (collectively “Sheets”) entered into a contract to sell approximately 100 acres of real property in Page County to Harriet A. Castle (“Castle”). The contract included a provision entitled “Attorney’s Fees,” that stated in relevant part:

In any action or proceeding involving a dispute between the Purchaser and the Seller arising out of this Contract, the prevailing party shall be entitled to receive from the other party reasonable attorney’s fees to be determined by the court or arbitrator(s).

The parties never closed on the property.

On March 31, 2000, Sheets sold a portion of the same property to Derek K. Goebel (“Goebel”) and Janine S. Siebens (“Siebens”) and granted to them an option to purchase the remainder of the property. Castle subsequently filed a bill of complaint against Sheets, Goebel, Siebens, and others, seeking rescission of the sale to Goebel and Siebens and specific performance of the contract between Castle and Sheets. In the bill of complaint, Castle alleged that she was “ready, willing, and able to settle on the contract,” but that Sheets had refused to complete settlement.

Sheets filed an answer alleging that Castle had failed to comply with the contract terms; therefore, their contract was null and void. The answer included a request for costs and attorney’s fees. Sheets also filed a motion craving oyer and a demurrer. Castle’s attorney died after filing the bill of complaint, so the trial court ordered her to[*410] obtain new counsel by July 11, 2000, the date scheduled for a hearing on the motion craving oyer. The demurrer was set for argument on July 18, 2000.

Castle did not obtain new counsel by the July 11, 2000 hearing and, as a result, she appeared pro se. At the hearing, Castle moved for a voluntary nonsuit pursuant to Code § 8.01-380. Sheets objected to the entry of a nonsuit, arguing that their claims for costs and attorney’s fees were counter-claims arising out of the contract, which prevented the plaintiff from suffering a nonsuit. The trial court found that the claims for costs and fees were subject to independent adjudication and granted Castle’s motion for nonsuit.

On July 19, 2000, the Sheets filed a petition for attorney’s fees. Citing the “Attorney’s Fees” clause of the real estate contract, the Sheets claimed to be the prevailing party because the suit against them was nonsuited.

By order dated February 2, 2001, the trial court denied Sheets’ petition for attorney’s fees. According to the trial court, the term “prevailing party” in the parties’ contract was “clear and unambiguous;” therefore, the trial court applied the “plain meaning” rule of contract interpretation. The trial court held that because there was no “final judgment” in the case, there was no “prevailing party” under the terms of the contract. The trial court also opined that awarding attorney’s fees to defendants such as Sheets “would serve as a substantial and unnecessary burden on and an abridgement of plaintiffs’ closely guarded statutory right to take a first voluntary non-suit free from sanctions.” Sheets filed a motion to stay the trial court’s order and a petition for rehearing, both of which the trial court denied by order dated February 27, 2001. Sheets appeals the adverse ruling of the trial court.

II. Standard of Review

The trial court’s judgment is predicated entirely upon questions of law which we review de novo. Transcontinental Ins. Co. v. RBMW, Inc., 262 Va. 502, 510, 551 S.E.2d 313, 317 (2001).

III. Analysis

a. Precedential Value to Denial of Petition for Appeal

The contractual term at issue in this case entitles “the prevailing party” to an award of reasonable attorney’s fees. Initially, Sheets argues that we have already decided whether a defendant is a “pre[*411] vailing party” when the plaintiff takes a voluntary nonsuit. Sheets maintains that in a prior case before the Circuit Court of Fairfax County, the trial court decided that a defendant was a “prevailing party” under similar contractual provisions and that the petition for appeal was denied by the Supreme Court of Virginia. See Ayoub v. Trautner, Record No. 990491 (June 4, 1999). Sheets argues that because a petition for appeal is resolved by the Supreme Court of Virginia on the merits, our denial of the petition bestows binding precedential application of the circuit court opinion throughout the Commonwealth.

We note that the Attorney General has employed a similar argument concerning unpublished opinions of the Court of Appeals of Virginia. The Attorney General has argued that unpublished opinions of the Court of Appeals which would otherwise have no precedential value (see Code § 17.1-413), nonetheless attain the status of binding precedent if a petition for appeal is refused by the Supreme Court of Virginia. See Bowman v. Commonwealth, 30 Va. App. 298, 305, 516 S.E.2d 705, 708 (1999).

With the exception of cases with procedural defects and the limited number of cases for which appellate review by the Supreme Court of Virginia is dependent upon “a substantial constitutional question as a determinative issue or matters of significant precedential value” (Code §§ 17.1-410 and -411), the refusal of a petition for appeal constitutes a decision on the merits. See Saunders v. Reynolds, 214 Va. 697, 700, 204 S.E.2d 421, 424 (1974) (“[w]e state unequivocally that a decision to grant or refuse a petition for writ of error is based upon one equally-applied criterion - the merits of the case”); see also Wright v. West, 505 U.S. 277, 283 (1992) (“the Supreme Court of Virginia refused the petition - a disposition indicating that the [C]ourt found the petition without merit”); Jackson v. Virginia, 443 U.S. 307, 311 n.4 (1979) (“[e]ach petition for writ of error under Va. Code § 19.2-317 (1975) is reviewed on the merits . . . and the effect of a denial is to affirm the judgment of conviction on the merits”); Dodson v. Director, 233 Va. 303, 307 n.5, 355 S.E.2d 573, 576 n.5 (1987) (“[i]n Virginia, aside from appeals from a capital murder conviction, criminal appeals to both the Court of Appeals and to this Court are discretionary, and ‘a decision to grant or refuse a petition [for appeal] is based upon one equally-applied criterion - the merits of the case.’ ”).

While a decision “on the merits,” including a denial of a petition for appeal, may have precedential value, discerning the[*412] grounds that formed the basis for denial is indispensable in assessing its potential applicability in future cases. Most often the refusal of a petition for appeal merely recites:

Upon review of the record in this case and consideration of the argument submitted in support of and in opposition to the granting of an appeal,. the Court is of opinion there is no reversible error in the judgment complained of. Accordingly, the Court refuses the petition for appeal.

From such an order, the grounds upon which the Court relied as a basis for denial cannot be determined. While it may be that there is simply no error found, there are several other possibilities. To name but a few of the several possible grounds, the trial court may have been in error, but the error was “harmless.” See Holmes v. LG Marion Corp., 258 Va. 473, 483, 521 S.E.2d 528, 535 (1999); see also Clay v. Commonwealth, 262 Va. 253, 259, 546 S.E.2d 728, 731 (2001). The trial court may have been in error, but the court “reached the correct result ... for the wrong reason.” See Chesterfield County v. Stigall, 262 Va. 697, 704, 554 S.E.2d 49, 53 (2001). The trial court may have been in error, but there exists an independent basis for the trial court’s judgment that has not been argued as error. See Magco of Maryland, Inc. v. Barr, 262 Va. 1, 1, 545 S.E.2d 548, 548 (2001); see also Parker-Smith v. Sto Corp., 262 Va. 432, 440-41, 551 S.E.2d 615, 620 (2001). While refusals of petitions for appeal may be grounded upon each of the reasons illustrated in these examples, among others, and the dispositions would be “on the merits,” there could be error in the judgments of a non-reversible nature.

We restate that, with the exceptions previously mentioned, the refusal of a petition for appeal is based upon the merits of the case. However, unless the grounds upon which the refusal is based are discernible from the four comers of the Court’s order, the denial carries no precedential value. To hold otherwise would result in bench and bar sifting through the records of cases buried in the office of the Clerk of the Supreme Court of Virginia or the clerk of the circuit court to affirm or contradict speculative assertions of the reason for the Court’s denial of petitions for appeal. Such unreliability and lack of clarity is not countenanced in our jurisprudence.

[*413] b. Is There a “Prevailing Party” Upon the Taking of a Nonsuit?

The provisions of Code § 8.01-380(B) at issue state:

Only one nonsuit may be taken to a cause of action or against the same party to the proceeding, as a matter of right, although the court may allow additional nonsuits or counsel may stipulate to additional nonsuits. The court, in the event additional nonsuits are allowed, may assess costs and reasonable attorney’s fees against the nonsuiting party.

The contract at issue in this case provided that the “prevailing party” in a dispute arising under the contract was entitled to reasonable attorney’s fees. At the outset, it is important to state what this case is not about. This case is not about awarding attorney’s fees and costs under the nonsuit statute. This case involves a single nonsuit, and thus the last sentence of Code § 8.01-380(B) is not applicable. Nor was the nonsuit taken within five days of a scheduled trial such as to render subsection (C) of the Code provision applicable. * This case is about whether there is a “prevailing party” when a nonsuit is taken. If there is a “prevailing party” then under the terms of the contract, attorney’s fees should be awarded. If there is no “prevailing party” when a nonsuit is taken, then the attorney’s fee provision of the contract is not implicated.

A nonsuit does not involve a decision on the merits, rather, it “simply [puts] an end to the present action, but is no bar to a subsequent action for the same cause.” Payne v. Buena Vista Extract Co., 124 Va. 296, 311, 98 S.E. 34, 39 (1919). The term “prevailing party” is not found in the nonsuit statute. We will construe this term utilized by the parties in accordance with its plain meaning. See Lansdowne Dev. Co. v. Xerox Realty Corp., 257 Va. 392, 400, 514 S.E.2d 157, 161 (1999). We need not go farther than Black’s Law Dictionary for its common meaning: “A party in whose favor a judgment is rendered, regardless of the amount of damages awarded.” Black’s Law Dictionary 1145 (7th ed. 1999).

[*414] This definition is in accord with our decision in Richmond v. County of Henrico, wherein we stated:

The ‘prevailing party’, within the meaning of the general rule that such a party is entitled to costs, is the party in whose favor the decision or verdict in the case is or should be rendered and judgment entered, and in determining this question the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.

185 Va. 859, 869, 41 S.E.2d 35, 41 (1947) (quotations omitted). We hold that under the plain meaning of the term, there is no “prevailing party” when a nonsuit is awarded.

Of course, where the circumstances warrant the parties may avail themselves of specific remedies provided in subsections (B) and (C) of the nonsuit statute itself, their contractual agreements properly interpreted, or the sanctions provisions of Code § 8.01-271.1. However, on this record, the trial court did not err in holding that there was no “prevailing party” upon the granting of a nonsuit and that attorney’s fees under the contract could not be awarded.

We will affirm the judgment of the trial court.

Affirmed.

*

(C) If notice to take a nonsuit of right is given to the opposing party within five days of trial, the court in its discretion may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party solely by reason of the failure to give notice at least five days prior to trial. The court shall have the authority to determine the reasonableness of expert witness fees and travel costs.