Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Appeal Final Order and the related topic of personal injury.  For more information on the topic of appeal see the page on Wikipedia.

Appeal Final Order-Cases

2009 Hutchins v. Talbert, 278 Va. 650, 685 S.E.2d 658.
In medical malpractice action, an order denying motion to set aside verdict was not a final order for purposes of appeal wherein trial judge has already entered final order which was not vacated, suspended, or modified. As such, the notice of appeal was untimely since it was filed more than 30 days after the entry of the final order.

2004 Rose v. Jaques, 268 Va. 137, 597 S.E.2d 64.
Appeal final order. Judgment order in this case was entered March 24 but defendant did not receive order until May 2. Under terms of Va. Code § 8.01-428(C), court properly granted extension of time for the filing of notice of appeal in this circumstance where there was no fault on the part of the defendant in not having received the notice.

2001 Thompson v. Skate Am., Inc., 261 Va. 121, 540 S.E.2d 123.
Appeal final order.Order sustaining demurrer filed by assailant’s parent and business owner to negligence claims asserted by business invitee who was assaulted on business premises were immediately appealable even though invitee’s claims against assailant remained active in trial court. Assailant’s liability was for intentional assault and battery of invitee, which was separate and distinct from causes of action for negligence asserted against business owner and parent of assailant. Order that sustained demurrers and dismissed them from case was final as to them and therefore, appealable. In this case, order dismissing these defendants addresses separate and severable interests that can be appealed since this appeal does not effect the determination of remaining issues in the case even if adjudication is reversed.

1994 Leggett v. Caudill, 247 Va. 130, 439 S.E.2d 350.
Appeal final order.Plaintiff filed multi-count suit against several defendants alleging harassment and infliction of emotional distress. Count 1 was dismissed on workers’ compensation bar. Plaintiff then appealed. That appeal was premature as that order of dismissal was not final since the liability of these defendants was joint and several, and allegations against remaining defendants derive from actions of defendant that was dismissed initially. As such initial order of dismissal was not to collateral matter separate and distinct from general subject of litigation.

1989 School Bd. of Lynchburg v. Caudill Rowlett Scott, Inc., 237 Va. 550, 379 S.E.2d 319.
Final order entered but copies not sent to counsel. Clerk incorrectly told counsel that order not entered. This did not constitute clerical mistake and 21-day rule must be strictly enforced. Therefore trial court had no authority to amend, and since appeal not filed within 30 days Supreme Court has no jurisdiction. Filing of post-judgment motion does not extend 21-day period.

1977 K-B Corp. v. Gallagher, 218 Va. 381, 237 S.E.2d 183.
Original action filed in general district court and then appealed to circuit court. Defendant’s counterclaim was never ruled on by general district court judge; therefore, circuit court judge properly refused to allow counterclaim to be asserted.

1972 Richardson v. Bowcock, 213 Va. 141, 191 S.E.2d 238.
Order overruling demurrer is not one which adjudicates principles of cause and is not appealable.

1970 Baker v. John Doe, 211 Va. 158, 176 S.E.2d 436.
Appeal final order.Until actions have been prosecuted to unsuccessful conclusion, appeal from action of trial court in refusing to consolidate two actions is premature.

1968 Lyle v. Ekleberry, 209 Va. 349, 164 S.E.2d 586.
Appeal final order.On December 22, court entered order disposing of case; on January 6, counsel received notification from judge that reargument as requested would be considered. No order indicating that reargument would be allowed was entered. Time for appeal runs from December 22 judgment.

1967 Lyons v. Galanides, Inc., 207 Va. 874, 153 S.E.2d 225.
Appeal final order. Order of October 7, 1965. Appeal should have been taken from order of October 6, 1965. Appeal dismissed where based on wrong order.

1966 Wells v. Whitaker, 207 Va. 616, 151 S.E.2d 422.
Appeal final order.Judgment was not final for purposes of appeal, since it was rendered with regard to some but not all parties; exceptions to this discussion. However, adjudication final in its nature as to collateral matter, separate and distinct from general subject of litigation and affecting only particular parties to controversy, may be appealed prior to determination of case against all defendants.

1964 Daniels v. Truck & Equip. Corp., 205 Va. 579, 139 S.E.2d 31.
Final order disposes of whole subject and leaves nothing to be done but to supervise execution of order. Interim order may be amended more than 21 days after entry.

1952 Davidson v. Jackson, 193 Va. 330, 68 S.E.2d 524.
Jurisdictional amount for appeal is amount at issue in court below.