O'Loughlin v. O'Loughlin, 479 S.E.2d 98 (Va. Ct. App. 1996). · Go Syfert
O'Loughlin v. O'Loughlin, 479 S.E.2d 98 (Va. Ct. App. 1996). Cases Citing This Book View Copy Cite
1,182 citation events (1,066 in the last 25 years) across 7 distinct courts.
Strongest positive: Samuel Murphy v. Billie A. Murphy (vactapp, 2023-12-12)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Samuel Murphy v. Billie A. Murphy
Va. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
he appellate court the proper forum to determine the propriety of an award of attorney's fees for efforts expended on appeal.
examined Cited as authority (verbatim quote) Bayard Bryon Campbell v. Laura Pendleton Campbell (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2014 · quote attribution · 2 verbatim quotes · confidence high
the appellate court has the opportunity to view the record in its entirety and determine whether the appeal is frivolous or whether other reasons exist for requiring additional payment.
cited Cited as authority (rule) Anthony Terrell Dyess v. Catherine Elaine Dyess
Va. Ct. App. · 2026 · confidence medium
See Rule 5A:30(b)(2)(C); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Matthews Gaskins, III v. Jody Gaskins (2×) also: Cited "see"
Va. Ct. App. · 2025 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Geneva Enterprises, LLC v. Hakim Hashimi (2×)
Va. Ct. App. · 2025 · confidence medium
“Generally, ‘costs’ do not include attorney fees unless such fees . . . are by statute allowed to be recovered as costs in the case.” O’Loughlin v. O’Loughlin, 23 Va. App. 690, 694 (1996) (emphasis added) (quoting Costs, Black’s Law Dictionary 312 (5th ed. 1979)).
discussed Cited as authority (rule) Reza Hajiha v. Colleen Leyrer (2×) also: Cited "see"
Va. Ct. App. · 2025 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) James Vega v. Katryn Naomi Vega
Va. Ct. App. · 2024 · confidence medium
See Rule 5A:30(b); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Lasha Briscoe v. Brian Briscoe, Jr. (2×) also: Cited "see"
Va. Ct. App. · 2023 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Samantha Ashley Scott v. Randy Lynn Scott (2×) also: Cited "see"
Va. Ct. App. · 2023 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Todd Puckett v. Tamara Senger
Va. Ct. App. · 2023 · confidence medium
“The appellate court has the opportunity to view the record in its entirety and determine whether [an] appeal is frivolous or whether other reasons exist for requiring additional payment.” O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Eileen Bobsin v. Geoffrey Bobsin
Va. Ct. App. · 2023 · confidence medium
“The appellate court has the opportunity to view the record in its entirety and determine whether [an] appeal is frivolous or whether other reasons exist for requiring additional payment.” Rainey v. Rainey, 74 Va. App. 359 , 391 (2022) (alteration in original) (quoting O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996)).
cited Cited as authority (rule) Godday O. Abuede v. Gloria E. Wszolek
Va. Ct. App. · 2023 · confidence medium
See Rule 5A:30(b); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Frank Howard v. Suzanne Howard
Va. Ct. App. · 2023 · confidence medium
See Rule 5A:30; accord Brandau v. Brandau, 52 Va. App. 632, 642 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Brandon Aaron Burr v. Kathryn Kyrscio Burr
Va. Ct. App. · 2023 · confidence medium
See Rule 5A:30(b); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Michael Eugene Summers v. Alicia Lehnes Summers
Va. Ct. App. · 2022 · confidence medium
See Rule 5A:30(b); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Monidipa Banerjee v. Jean-Marc Brisson
Va. Ct. App. · 2022 · confidence medium
See Rule 5A:30(b); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Cathryn Rose Rainey v. Chad Christopher Rainey
Va. Ct. App. · 2022 · confidence medium
“The appellate court has the opportunity to view the record in its entirety and determine whether [an] appeal is frivolous or whether other reasons exist for requiring additional payment.” O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Michael B. Yourko v. Lee Ann B. Yourko
Va. Ct. App. · 2021 · confidence medium
“The appellate court has the opportunity to view the record in its entirety and determine whether [an] appeal is frivolous or whether other reasons exist for requiring additional payment.” O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Karen Elizabeth Cain v. Thomas Mattison Cain
Va. Ct. App. · 2021 · confidence medium
Conley, 72 Va. App. at 351 (quoting O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996)).
discussed Cited as authority (rule) Oskana Marinaro v. Domenick A. Marinaro (2×) also: Cited "see"
Va. Ct. App. · 2021 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Jeremy Von Guten v. Cari Lerch
Va. Ct. App. · 2021 · confidence medium
We have held that “[t]he appellate court has the opportunity to view the record in its entirety and determine whether the appeal is frivolous or whether other reasons exist for requiring additional payment [of attorney’s fees].” Fox v. Fox, 61 Va. App. 185, 207 (2012) (quoting O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996)); see also Rule 5A:30(b) (authorizing an award of attorney’s fees in an appeal involving child custody arising under Title 20).
discussed Cited as authority (rule) Troy Darren Durocher v. Debra Thomas Durocher (2×) also: Cited "see"
Va. Ct. App. · 2021 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Guy R. Joubert v. Courtney R. Herbert
Va. Ct. App. · 2020 · confidence medium
See Rule 5A:30(a), (b)(3)-(4); Brandau v. Brandau, 52 Va. App. 632, 642 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Norman M. Achin v. Sandra I. Ochoa
Va. Ct. App. · 2020 · confidence medium
After taking “the opportunity to view the record in its entirety and determine whether the appeal is frivolous or whether other reasons exist for requiring additional payment[,]” Johnson v. Johnson, 56 Va. App. 511, 520 (2010) (quoting O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996)), we deny both requests. - 21 -
discussed Cited as authority (rule) Matthew Thomas Conley v. Brenda Lynn Bonasera
Va. Ct. App. · 2020 · confidence medium
The appellate court has the opportunity to view the record in its entirety and determine whether the appeal is frivolous or whether other reasons exist for requiring additional payment. - 10 - O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Syed Hyat v. Afshan Hina
Va. Ct. App. · 2020 · confidence medium
See Rule 5A:30; Wright v. Wright, 61 Va. App. 432, 470 (2013); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996). -6- CONCLUSION We hold that the trial court did not abuse its discretion in awarding wife spousal support for undefined duration, as the court’s ruling was neither plainly wrong nor lacking in supporting evidence.
cited Cited as authority (rule) Fialka Ward v. John Lee Ward
Va. Ct. App. · 2020 · confidence medium
Both parties ask this Court to award them attorney’s fees and costs incurred on appeal.6 See O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Dougals Woloshin v. Lillian Woloshin
Va. Ct. App. · 2020 · confidence medium
Wife also requests that Husband pay her attorney’s fees and costs incurred in this appeal, as she claims is permitted by paragraph 38 of the settlement agreement and O’Loughlin v. O’Loughlin, 23 Va. App. 690, 694-95 (1994).
cited Cited as authority (rule) Jerry Dixon v. Rebecca Dixon
Va. Ct. App. · 2020 · confidence medium
See Rule 5A:30(a), (b)(3); Brandau v. Brandau, 52 Va. App. 632, 642 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Veronika R. Petrova v. Maxwell S. Leach
Va. Ct. App. · 2019 · confidence medium
See Rule 5A:30(a), (b)(3), (b)(4); Brandau v. Brandau, 52 Va. App. 632, 642 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Craig Brown and Bonnie Brown v. Daniel Cerniglia and Millicent Cerniglia
Va. Ct. App. · 2019 · confidence medium
See Rule 5A:30(a), (b)(3), (b)(4); Brandau v. Brandau, 52 Va. App. 632, 642 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
discussed Cited as authority (rule) Exandrea S. Owen v. Christopher E. Owen (2×) also: Cited "see"
Va. Ct. App. · 2019 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Clare Morton Lehman, n/k/a Clare Morton v. Paul Clinton Lehman, Jr.
Va. Ct. App. · 2019 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Shaneka L. Best, f/k/a Shaneka L. Montez v. Kevin D. Montez
Va. Ct. App. · 2019 · confidence medium
See Rule 5A:30(b); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Angelique Ranghelli v. Robert Ranghelli
Va. Ct. App. · 2019 · confidence medium
O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Daniel Jason Rakes v. Teresa Renee Griggs Rakes
Va. Ct. App. · 2019 · confidence medium
O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Arnulfo G. Garza v. Janet A. Garza
Va. Ct. App. · 2018 · confidence medium
See Rule 5A:30(b); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 (1996).
cited Cited as authority (rule) Tamena Genell Wilson v. Fitzgerald Britton
Va. Ct. App. · 2018 · confidence medium
See Rule 5A:30(b); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
cited Cited as authority (rule) Courtney R. Herbert v. Guy R. Joubert
Va. Ct. App. · 2018 · confidence medium
See Rule 5A:30(b)(3), (4); Brandau v. Brandau, 52 Va. App. 632, 642 , 666 S.E.2d 532, 538 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
cited Cited as authority (rule) Jennifer Suzanne Scheer v. David Clark Scheer
Va. Ct. App. · 2018 · confidence medium
See Rule 5A:30(b)(3), (4); Brandau v. Brandau, 52 Va. App. 632, 642 , 666 S.E.2d 532, 538 (2008); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
examined Cited as authority (rule) Juan A. Rosado Aviles v. Kerri E. Lewis (3×) also: Cited "see"
Va. Ct. App. · 2018 · confidence medium
See Rule 5A:30; O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
discussed Cited as authority (rule) Charles C. Pattillo, Jr. v. Alison Pattillo
Va. Ct. App. · 2018 · confidence medium
As an appellate court, we have “the opportunity to view the record in its entirety and determine whether the appeal is frivolous or whether other reasons exist for requiring additional payment.” O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
discussed Cited as authority (rule) Brigitta Henderson v. William Terrelle Henderson
Va. Ct. App. · 2018 · confidence medium
See Rule 5A:30(b)(3), (4); Brandau v. Brandau, 52 Va. App. 632, 642 , 666 S.E.2d 532, 538 (2008); Estate of Hackler v. Hackler, 44 Va. App. 51, 75 , 602 S.E.2d 426, 438 (2004); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
discussed Cited as authority (rule) William Terrelle Henderson v. Brigitta Henderson
Va. Ct. App. · 2018 · confidence medium
See Rule 5A:30(b)(3), (4); Brandau v. Brandau, 52 Va. App. 632, 642 , 666 S.E.2d 532, 538 (2008); Estate of Hackler v. Hackler, 44 Va. App. 51, 75 , 602 S.E.2d 426, 438 (2004); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
cited Cited as authority (rule) Scott R. Giambattista v. Julie A. Giambattista
Va. Ct. App. · 2018 · confidence medium
O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
discussed Cited as authority (rule) Judith A. LaBrie v. David F. LaBrie
Va. Ct. App. · 2017 · confidence medium
See, e.g., Estate of Hackler v. Hackler, 44 5 Husband consented to the circuit court’s imputation of income, and it is not at issue on appeal. ‐ 12 - Va. App. 51, 75, 602 S.E.2d 426, 438 (2004); O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
cited Cited as authority (rule) Patricia A. Hartman, f/k/a Patricia A. Hogg v. Oakley W. Hogg, III
Va. Ct. App. · 2017 · confidence medium
O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E. 2d 98, 100 (1996).
cited Cited as authority (rule) Colleen Beth Higgins v. Laurie John Pearce
Va. Ct. App. · 2017 · confidence medium
O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
cited Cited as authority (rule) Reginald Conrad Collard v. Patricia Ann Collins
Va. Ct. App. · 2017 · confidence medium
O’Loughlin v. O’Loughlin, 23 Va. App. 690, 695 , 479 S.E.2d 98, 100 (1996).
discussed Cited as authority (rule) Zorija Castillo v. Catherine Bell
Va. Ct. App. · 2017 · confidence medium
Consequently, the trial court did not err in finding that it was “not appropriate to set aside the adoption granted on June 21, 2010.” Catherine Bell requests an award of “attorney’s fees to her counsel, Blue Ridge Legal Services, for use in its program of indigent representation.” See O’Loughlin v. O’Loughlin, 23 2 Code § 63.2-1216 states, After the expiration of six months from the date of entry of any final order of adoption from which no appeal has been taken to the Court of Appeals, the validity thereof shall not be subject to attack in any proceedings, collateral or direct…
Retrieving the full opinion text from the archive…
Elayne (Lowe) O’LOUGHLIN
v.
Wilmot F. O’LOUGHLIN
0984964.
Court of Appeals of Virginia.
Dec 31, 1996.
479 S.E.2d 98
(Ann W. Mische; Paula W. Rank; Byrd, Mische, Bevis, Bowen & Joseph, P.C., on brief), Fairfax, for appellant., Peter M. Fitzner (Shoun & Bach, P.C., on brief), Fairfax, for appellee.
Fitzpatrick.
Cited by 591 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: Court of Appeals of Virginia (1)
FITZPATRICK, Judge.

The sole issue in this appeal is whether, absent an order from the Court of Appeals specifically remanding the issue of attorney’s fees incurred on appeal, a trial court has jurisdiction to award such fees. We hold that a specific remand for attorney’s fees is required and affirm the judgment of the trial court.

In a prior appeal, O’Loughlin v. O’Loughlin, 20 Va.App. 522, 458 S.E.2d 323 (1995), we affirmed the trial court’s equitable distribution rulings set out in a final decree of divorce entered August 15,1994. No award of or reference to attorney’s fees was included in the remand order. Following the resolution of the appeal, the Clerk of the Court of Appeals[*692] mailed to the parties an order affirming the trial court’s ruling and included an itemized statement of costs for the appeal.

Appellant subsequently filed a motion in the trial court for an award of attorney’s fees and costs she had expended in the appeal. On March 29, 1996, the trial court denied the motion on the ground that the court did not “have jurisdiction to do what [counsel is] asking____ [T]he issue of determination of counsel fees has not been remanded to the trial court for determination.”

On appeal, appellant contends that the trial court erred in finding that, absent language of a specific mandate remanding the issue to the trial court, the court lacked subject matter jurisdiction to award attorney’s fees incurred in an appeal. [1]

This Court’s order disposing of the appeal stated as follows:

For reasons stated in writing and filed with the record, the Court is of opinion that there is no error in the judgment appealed from. Accordingly, the judgment is affirmed. The appellant shall pay to the appellee damages according to law.
This order shall be certified to the trial court.

The Clerk’s itemized statement of costs provided:

[A]ppellee shall recover from the appellant costs in this case as follows: Attorney’s fee: (Code § 14.1-196) $50.00

[*693] [and] Appellee’s brief: (Code § 14.1-182) $60.12. [2]

Taxing of costs in this proceeding is not to be considered a determination of an award of attorney’s fees or other costs for services rendered or expenditures made in connection with this appeal to which any party may be entitled in an award by the trial court under the provisions of Code §§ 20-99 and 20-103.

(Emphasis added). [3]

The term “costs” is defined as “[a] pecuniary allowance, made to the successful party (and recoverable from the losing party), for his expenses in prosecuting or defending an action or a distinct proceeding within an action. Generally, ‘costs’ do not include attorney fees unless such fees are by a statute denominated costs or are by statute allowed to be recovered as costs in the case.” Black’s Law Dictionary 312 (5th ed. 1979) (emphasis added). The attorney’s fee contemplated by Code § 14.1-196 is a statutorily mandated “cost.” The Clerk’s itemized statement of costs clearly directs that “Maxing of costs in this proceeding is not to be considered a determination of an award of attorney’s fees ” and the Clerk’s statement of costs does not authorize a trial court to award sua sponte attorney’s fees incurred in the appeal.

[*694] Additionally, appellant contends that no specific remand is required because Code § 20-99 gives the trial court authority in a divorce case to award attorney’s fees for the appellate level as it states that “[c]osts may be awarded to either party as equity and justice may require.” Code § 20-99(5). Appellant asserts that the term “costs” includes counsel fees and relies primarily on Craig v. Craig, 115 Va. 764, 80 S.E. 507 (1914), for the proposition that no specific remand is necessary. In Craig, however, the Supreme Court of Virginia remanded the issue of attorney’s fees specifically “with leave to counsel for appellee to prosecute their claim for compensation____” Craig, 115 Va. at 765, 80 S.E. at 507. Additionally, appellant’s reliance on Ingram v. Ingram, 217 Va. 27, 225 S.E.2d 362 (1976), is misplaced. Ingram dealt with the reasonableness of attorney’s fees awarded for efforts at trial, not on appeal.

Appellant cites no case in which a trial court has awarded attorney’s fees incurred on appeal without a specific remand and particularized instructions to do so. See Gottlieb v. Gottlieb, 19 Va.App. 77, 96, 448 S.E.2d 666, 677 (1994) (“We remand the case, however, for the limited purpose of determining the amount wife should be awarded for attorney’s fees she incurred in this appeal.”); Via v. Via, 14 Va.App. 868, 873, 419 S.E.2d 431, 434 (1992) (“[U]pon remand, the court is directed to enter an appropriate award of attorney’s fees for services rendered to [wife] in the trial court, as well as on appeal.”); Sanford v. Sanford, 19 Va.App. 241, 250-51, 450 S.E.2d 185, 190-91 (1994) (“We remand the case to the trial court for a determination and award of attorney’s fees due [wife] for the enforcement proceeding, including an amount for that part of the appeal devoted to the enforcement.”); see also Hughes v. Hughes, 173 Va. 293, 306, 4 S.E.2d 402, 407-08 (1939) (“[W]e reverse the decree of the trial court, and remand the case, ... [t]hat the trial court .... (3) [f]ix a reasonable compensation to be paid counsel for the wife, for services rendered in the trial court and in this court.”); Allen v. Allen, 166 Va. 303, 308, 186 S.E. 17, 19 (1936) (“We think that an additional $100 should be allowed ... the wife’s attorney, for[*695] the preparation of the brief and the argument in this court. With the additional order for the payment of the attorney fee allowed, the decree of the lower court is affirmed.”).

The rationale for the appellate court being the proper forum to determine the propriety of an award of attorney’s fees for efforts expended on appeal is clear. The appellate court has the opportunity to view the record in its entirety and determine whether the appeal is frivolous or whether other reasons exist for requiring additional payment. [4]

Accordingly, the judgment of the trial court is affirmed.

Affirmed.

1

. Appellant also argues that the trial court further erred in ruling that Code § 20-99 applies only to fees incurred in connection with support matters. This mischaracterizes the finding of the trial court, stated as follows:

But the concept of attorney's fees has always been tied basically to the issue of support for the party needing it. It's got to be—it’s not just a matter of being a penalty for losing. It’s got to be a—it’s got to be some kind of sense of need for support.
* * * * * *
[I]n any other contract dispute or automobile accident case, attorney’s fees are not awarded unless there is some contractual provision or statutory basis for it.
And I don't think that the statutory bases that you've pointed out to me is enough to justify departing from the standard rule of support as the determinant in the award of attorney's fees. Accordingly, if I had jurisdiction I would deny the motion and I’ll leave it at that.

(Emphasis added).

2

. Code § 14.1-196 provides, in pertinent part:

The clerk of the court wherein any party recovers costs shall tax the same. He shall include therein for the fee of such party’s attorney, if he has one:
if! >}S }J{ )i! Sf! jj{
(2a) In the Court of Appeals ... $50.00....
Code § 14.1-182 provides, in pertinent part:
Any party in whose favor costs are allowed in the Supreme Court shall have taxed as part of the costs the actual cost incurred by him in printing or otherwise any brief filed with the Court, not to exceed $200 for all briefs filed and the actual cost incurred by him in printing or otherwise reproducing the appendix containing parts of the record filed with the Court....

(Emphasis added).

3

. Code § 20-103 authorizes the trial court to make pendente lite orders regarding costs, and Code § 20-99 addresses costs incurred in the trial court.

4

. The trial court upon proper remand can then ”[f]ix a reasonable compensation ... for services rendered in ... this [c]ourt.” See Hughes, 173 Va. at 306, 4 S.E.2d at 407-08. See also Antonelli v. Antonelli, 242 Va. 152, 156, 409 S.E.2d 117, 120 (1991), where the Supreme Court of Virginia held as follows:

[W]e will award the mother ... attorney’s fees in this Court, and we will remand the case to the Court of Appeals directing it to fix a sum on account of attorney’s fees for the mother in that court. We will also direct the Court of Appeals to remand the case to the circuit court for reconsideration of ... the mother’s request for attorney’s fees there____

(Emphasis added).