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 Appearances by attorneys and the related topic of personal injury. For more information about appearance see the page on Wikipedia.

Appearances-Statutes

See Va. Code § 8.01-314 as to service on attorney. After entry of final decree or order service on the attorney may not be proper.

Appearances-Cases

2006 Lyren v. Ohr, 271 Va. 155, 623 S.E.2d 883.

Plaintiff served defendant with process more than one year after the filing of suit. Defendant thereafter filed a pleading to the merits. In doing so, defendant waived any objection under Rule 3:3. Having filed a general appearance, defendant waives all questions concerning the service of process and therefore, it was improper for the trial court to dismiss the action under Rule 3:3.

2004 Walker v. American Ass’n of Prof’l Eye Care Specialists, P.C., 268 Va. 117, 597 S.E.2d 47.

Attorney in this case prepared motion for judgment and had it filed with the clerk along with his cover letter and check to cover filing fee. That conduct did not make him counsel of record. The pleading was signed only by the plaintiff pro se.

1999 Gilpin v. Joyce, 257 Va. 579, 515 S.E.2d 124.

Appearances in lawsuit for any purpose other than questioning jurisdiction of court, service of process, or venue is general not special appearance even though accompanied by claim that appearance is only special. Defendant in this case, more than year after action was filed, voluntarily appeared, filed counterclaim and discovery, as such, made a general appearance. General appearances is waiver of process and confers personal jurisdiction on court. Va. Code § 8.01-277 only applies for processes actually served on defendant. Likewise Rule 3:3 only applies where there has been service of process. In this case, defendant made voluntary general appearance without service of process.

1993 Mechtensimer v. Wilson, 246 Va. 121, 431 S.E.2d 301.

Appearance waives defects in process and service. Appearance does not waive defects as to jurisdiction of court.

1966 Texaco, Inc. v. Runyon, 207 Va. 367, 150 S.E.2d 132.

By entering general appearance (by answering civil warrant), defendants waived any objections to venue.

1951 Nixon v. Rowland, 192 Va. 47, 63 S.E.2d 757.

General appearances by attorney is presumed to be authorized. Such general appearance is waiver of process equivalent to personal service of process.

1943 Ivis v. Commonwealth, 182 Va. 17, 27 S.E.2d 906.

Purpose of special appearance is limited to right to object to personal jurisdiction.