of Reeves’s estate. Therefore, the original Motion for Judgment, filed April 5, 2002, is a legal nullity and cannot toll the statute of limitations. Swann, 252 Va. at 184, 476 S.E.2d at 171-72; see Hanson, 56 Va. Cir. at 290. The substitution of a personal representative for a deceased defendant cannot be construed to fall within the correction of a misnomer under Virginia Code §8.01-6; therefore, the “relation back” provision of that section does not apply. “Misnomer arises when the right person is incorrectly named, not where the wrong defendant is named.” Id. at 174, 476 S.E.2d at 184 (citing Rockwell v. Allman, 211 Va. 560, 561, 179 S.E.2d 471, 472 (1971)); see Hanson, 56 Va. Cir. at 290; cf. Cook v. Radford Cmty. Hosp., Inc., 260 Va. 443, 451, 536 S.E.2d 906, 910 (2000) (<HOLDING>). Virginia Code § 8.01-6 and its “relation
holding arresting a person for refusing to provide his or her name violates the fourth amendment holding that a person is presumed to own all property that is titled in her name recognizing as a matter of federal law that an action to redress injuries to a corporation cannot be maintained by a shareholder in his own name but must be brought in the name of the corporation holding that first amendment precluded damages action brought by rape victim against newspaper for publishing victims name when name was obtained from publicly released police report holding that an action brought in the name of a person adjudicated as incapacitated instead of in the name of her guardian cannot be corrected as a misnomer