Do You Have A Case To Appeal To The Supreme Court of Virginia?
From the beginning of a case, there are steps that should be taken to prepare for the possibility of an appeal. Don’t wait until it’s too late. At The Mottley Law Firm, we have experience successfully handling appeals in the Supreme Court of Virginia. Contact us online or call us at (804) 409-0876 to discuss your appellate litigation needs today.
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In Kosko case, Rule 1:1 Remains UndefeatedIn Kosko v. Ramser, the Supreme Court of Virginia again addressed the concept of finality under Rule 1:1, holding that an order entered more than 21 days after entry of a final order was invalid.
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At SCOVA, A Trust Dispute Runs Into An Appellate PitfallA trust's no-contest clause can apply to a settlor if he is also a beneficiary. But, in this case, an unappealed ruling established the "law of the case" and rendered that determination hollow.
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You Could Be Exempt From Attorney's Fees by Virginia Law. We Explain How You Could Recover Your PaymentsUnder the "American rule," litigation parties usually pay their own attorney's fees. We can explain how Virginia law recognizes several exceptions.
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SCOVA Holds That Estate Beneficiaries Lack Standing To SueIn Platt v. Griffith, the Supreme Court of Virginia reiterates its longstanding rule that only personal representatives can sue on behalf of an estate.
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In Sheehy v. Williams, SCOVA takes on the voluntary payment doctrine under some unusual circumstances.Under Virginia's "voluntary payment doctrine," the voluntary payment of a judgment deprives the judgment debtor and payor of their right to appeal.
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Don't Leave Necessary Parties Behind in the Trial CourtIn at least three published opinions, the Supreme Court of Virginia has held that an appeal must be dismissed if it does not include all necessary parties.
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Avoiding No-Contest Clauses in Wills and TrustsIn Hunter v. Hunter, the Supreme Court of Virginia endorsed a two-step method for avoiding harsh consequences of "no-contest" clauses in wills and trusts.
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Lack of Adequate Record Dooms SCOVA Gun Rights AppealGun rights advocates appealed Richmond judge's refusal to enjoin Governor Northam's Capitol Square rally gun ban. Lack of an adequate record doomed the appeal.
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Mid-Appeal Changes to Assignments of Error "Perplex" SCOVAThe Supreme Court of Virginia has repeatedly held that it is improper to change the wording of an assignment of error mid-appeal. Yet it continues to happen.
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You Can't Assign Error To A Ruling The Lower Court Didn't MakeCrafting an assignment of error in the Supreme Court of Virginia is tricky. Among other things, you must accurately describe the lower court's ruling.
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Make Sure You Notice Your Appeal From The Right OrderA 1967 Supreme Court of Virginia decision held that an appeal must be dismissed where the notice of appeal cited the wrong order. It is still good law.
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Don't Reply All: SCOVA Limits Replies Supporting Appellate MotionsSoon, an amendment to Rule 5:4 of the Rules of the Supreme Court of Virginia will prohibit reply briefs supporting appellate motions without leave of court.
