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Judge Grants Nonsuit to Love Family, Gives them 6 Months to Refile

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File Image: George Huguely being escorted into court File Image: George Huguely being escorted into court
The Huguelys' attorney, Matthew Green, on Feb. 22 The Huguelys' attorney, Matthew Green, on Feb. 22
CHARLOTTESVILLE, Va. (WVIR) -

Family members looking for justice for their late daughter now have to change their plans following a judge's ruling.

Yeardley Love's family has decided to withdraw a wrongful death lawsuit after four federal judges ruled on May 15 that the insurance company doesn't have to pay.

On Monday, June 11, Judge Richard Moore granted a nonsuit – which means that the plaintiffs failed to bring sufficient evidence - filed by Love's estate.

This decision means that the family can withdraw the original request and refile within the next six months, since the case can no longer go forward in its current condition.

It also means the trial that was set for end of July is now off the table.

George Huguely killed Yeardley Love back in 2010 when she was a fourth-year student at the University of Virginia, and was later convicted of second-degree murder. He was set to stand a three-week trial starting July 30 for a civil suit.

The Loves filed that wrongful death lawsuit for financial compensation stemming from their daughter's death, but Charlottesville Circuit Court later ruled that the Huguely’s insurance company would not be held liable to compensate the Love family.

On Monday, the defense asked to delay the status of the nonsuit until June 20, but a judge ruled in favor of the plaintiffs - saying they can withdraw their original suit.

“We've been working on this case for - I mean this is events that took place eight years ago,” says Matthew Green, the Huguelys’ attorney. “Civil litigation has been going on for over six years. A number of times we've had trial dates in this court. The way it’s played out, it's been somewhat unusual that the defense would like to go ahead and get it over with."

Green says that since they had a trial date finally set, he was hoping Huguely could face a jury and put this behind him.

Now that the nonsuit is in place, the process will be delayed since the Loves have six months to decide whether or not to refile the case.

The family attorney says they are expecting to refile, but can't yet say for sure.

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