section 16.1-136 record (Virginia) · Go Syfert
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section 16.1-136 record in Virginia

17 Virginia opinions name it 2 courts 1982–2016 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Walker v. Department of Public Welfaregreen
va · 1982 · cited in 16 Virginia opinions naming this issue, 1986–2016
2 sentences

2016Proposed “Consent Order” “We have repeatedly held that an appeal to the circuit court from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial . . . .” Walker v. Department of Public Welfare, 223 Va. 557, 563 , 290 S.E.2d 887, 890 (1982).

2016Proposed “Consent Order” “We have repeatedly held that an appeal to the circuit court from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial . . . .” Walker v. Department of Public Welfare, 223 Va. 557, 563 , 290 S.E.2d 887, 890 (1982).

1616
Fairfax County Department of Family Services v. D.N.green
vactapp · 1999 · cited in 5 Virginia opinions naming this issue, 2006–2016
2 sentences

2008At the beginning of the October 2, 2006 hearing, the trial judge cautioned mother’s counsel that “if we are going through the motions just for the sake of an appeal, I can tell you we are going to be wasting an awful lot of time, and it is going to cost your client an awful lot of money.” The court indicated that if mother was not going to present any evidence other than what she presented before the juvenile court, “the decision is going to be the same,” and father would “get attorney’s fees for it.” *416 As noted above, “an appeal from the juvenile court must be heard de novo by the circuit

2008At the beginning of the October 2, 2006 hearing, the trial judge cautioned mother’s counsel that “if we are going through the motions just for the sake of an appeal, I can tell you we are going to be wasting an awful lot of time, and it is going to cost your client an awful lot of money.” The court indicated that if mother was not going to present any evidence other than what she presented before the juvenile court, “the decision is going to be the same,” and father would “get attorney’s fees for it.” *416 As noted above, “an appeal from the juvenile court must be heard de novo by the circuit

55
Peple v. Peplegreen
vactapp · 1988 · cited in 3 Virginia opinions naming this issue, 1991–2006
2 sentences

2006"We have repeatedly held that an appeal to the circuit court from a court not of record under Code § 16.1-136 ... grants to a litigant every advantage which would have been his had the case been tried originally in such court.” Walker, 223 Va. at 563 , 290 S.E.2d at 890 (citation omitted); see also Fairfax Co. Dep't of Family Servs. v. D.N., 29 Va.App. 400, 406 , 512 S.E.2d 830, 832 (1999); Peple v. Peple, 5 Va.App. 414, 419 , 364 S.E.2d 232, 236 (1988).

2006"We have repeatedly held that an appeal to the circuit court from a court not of record under Code § 16.1-136 ... grants to a litigant every advantage which would have been his had the case been tried originally in such court.” Walker, 223 Va. at 563 , 290 S.E.2d at 890 (citation omitted); see also Fairfax Co. Dep't of Family Servs. v. D.N., 29 Va.App. 400, 406 , 512 S.E.2d 830, 832 (1999); Peple v. Peple, 5 Va.App. 414, 419 , 364 S.E.2d 232, 236 (1988).

33
Box v. Talleygreen
vactapp · 1986 · cited in 3 Virginia opinions naming this issue, 1988–2000
2 sentences

2000Code § 16.1-296(A) allows a party to appeal "any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction." "[A]n appeal to the circuit court from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial. . . . [S]uch a trial de novo in the circuit court grants to a litigant every advantage which would have been his had the case been tried originally in such court." Box v. Talley, 1 Va. App. 289, 292 , 338 S.E.2d 349, 351 (1986) (quoting Walke

2000Code § 16.1-296(A) allows a party to appeal "any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction." "[A]n appeal to the circuit court from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial. . . . [S]uch a trial de novo in the circuit court grants to a litigant every advantage which would have been his had the case been tried originally in such court." Box v. Talley, 1 Va. App. 289, 292 , 338 S.E.2d 349, 351 (1986) (quoting Walke

33
Austin v. Commonwealthgreen
vactapp · 2003 · cited in 2 Virginia opinions naming this issue, 2006–2006
2 sentences

2006An appeal to a circuit court “from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial.” Walker v. Department of Public Welfare of Page County, 223 Va. 557, 563 , 290 S.E.2d 887, 890 (1982); see Austin v. Commonwealth, 42 Va.App. 33, 38 , 590 S.E.2d 68, 71 (2003).

2006An appeal to a circuit court “from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial.” Walker v. Department of Public Welfare of Page County, 223 Va. 557, 563 , 290 S.E.2d 887, 890 (1982); see Austin v. Commonwealth, 42 Va.App. 33, 38 , 590 S.E.2d 68, 71 (2003).

22
Alexander v. Flowersgreen
vactapp · 2008 · cited in 1 Virginia opinions naming this issue, 2009–2009
2 sentences

2009“We have repeatedly held that an appeal to the circuit court from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial . . . and that such a trial de novo in the circuit court grants to a litigant every advantage which would have been his had the case been tried originally in such court.” Walker v. Department of Public Welfare, 233 Va. 557, 563 , 290 S.E.2d 887, 890 (1982) (citations omitted). -6- “A party appealing to a circuit court has the right to a de novo trial ‘unhampered and unprejudiced’ by the lo

2009“We have repeatedly held that an appeal to the circuit court from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial . . . and that such a trial de novo in the circuit court grants to a litigant every advantage which would have been his had the case been tried originally in such court.” Walker v. Department of Public Welfare, 233 Va. 557, 563 , 290 S.E.2d 887, 890 (1982) (citations omitted). -6- “A party appealing to a circuit court has the right to a de novo trial ‘unhampered and unprejudiced’ by the lo

11
Baylor v. Commonwealthgreen
va · 1949 · cited in 1 Virginia opinions naming this issue, 2009–2009
2 sentences

2009“We have repeatedly held that an appeal to the circuit court from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial . . . and that such a trial de novo in the circuit court grants to a litigant every advantage which would have been his had the case been tried originally in such court.” Walker v. Department of Public Welfare, 233 Va. 557, 563 , 290 S.E.2d 887, 890 (1982) (citations omitted). -6- “A party appealing to a circuit court has the right to a de novo trial ‘unhampered and unprejudiced’ by the lo

2009“We have repeatedly held that an appeal to the circuit court from a court not of record under Code § 16.1-136 annuls the judgment of the inferior tribunal as completely as if there had been no previous trial . . . and that such a trial de novo in the circuit court grants to a litigant every advantage which would have been his had the case been tried originally in such court.” Walker v. Department of Public Welfare, 233 Va. 557, 563 , 290 S.E.2d 887, 890 (1982) (citations omitted). -6- “A party appealing to a circuit court has the right to a de novo trial ‘unhampered and unprejudiced’ by the lo

11
Mahoney v. Mahoneygreen
vactapp · 2000 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008“Such an appeal transfers the entire record to the circuit court for retrial as though the case had been originally brought there.” Mahoney v. Mahoney, 34 Va.App. 63, 66 , 537 S.E.2d 626, 628 (2000) (en banc) (emphasis in original).

2008“Such an appeal transfers the entire record to the circuit court for retrial as though the case had been originally brought there.” Mahoney v. Mahoney, 34 Va.App. 63, 66 , 537 S.E.2d 626, 628 (2000) (en banc) (emphasis in original).

11
Addison v. Salyergreen
va · 1946 · cited in 1 Virginia opinions naming this issue, 2006–2006
2 sentences

2006Welfare, 223 Va. 557, 563 , 290 S.E.2d 887, 890 (1982) -3- (citing Gaskill v. Commonwealth, 206 Va. 486 , 144 S.E.2d 293 (1965)). “‘A court which hears a case de novo . . . acts not as a court of appeals but as one exercising original jurisdiction.’” Addison v. Salyer, 185 Va. 644, 649 , 40 S.E.2d 260, 263 (1946) (quoting Gemmell, Inc. v. Svea Fire, etc., Ins.

2006Welfare, 223 Va. 557, 563 , 290 S.E.2d 887, 890 (1982) -3- (citing Gaskill v. Commonwealth, 206 Va. 486 , 144 S.E.2d 293 (1965)). “‘A court which hears a case de novo . . . acts not as a court of appeals but as one exercising original jurisdiction.’” Addison v. Salyer, 185 Va. 644, 649 , 40 S.E.2d 260, 263 (1946) (quoting Gemmell, Inc. v. Svea Fire, etc., Ins.

11
Martin v. Balesgreen
vactapp · 1988 · cited in 1 Virginia opinions naming this issue, 2000–2000
2 sentences

2000"Orders of the district court requiring support of a spouse remain in full force and effect until reversed or modified by the court to which an appeal has been perfected, or until the entry of a decree in a suit for divorce instituted in a circuit court, in which decree provision is made for spousal support." Martin v. Bales, 7 Va. App. 141, 145-46 , 371 S.E.2d 823, 826 (1988) (holding that juvenile court's award of spousal support remained in force after circuit court heard husband's appeal but - 5 - failed in its divorce decree to address spousal support) (emphasis added).

2000"Orders of the district court requiring support of a spouse remain in full force and effect until reversed or modified by the court to which an appeal has been perfected, or until the entry of a decree in a suit for divorce instituted in a circuit court, in which decree provision is made for spousal support." Martin v. Bales, 7 Va. App. 141, 145-46 , 371 S.E.2d 823, 826 (1988) (holding that juvenile court's award of spousal support remained in force after circuit court heard husband's appeal but - 5 - failed in its divorce decree to address spousal support) (emphasis added).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Gaskill v. Commonwealth green
va · 1965
2 sentences

2008At the beginning of the October 2, 2006 hearing, the trial judge cautioned mother’s counsel that “if we are going through the motions just for the sake of an appeal, I can tell you we are going to be wasting an awful lot of time, and it is going to cost your client an awful lot of money.” The court indicated that if mother was not going to present any evidence other than what she presented before the juvenile court, “the decision is going to be the same,” and father would “get attorney’s fees for it.” *416 As noted above, “an appeal from the juvenile court must be heard de novo by the circuit

2008At the beginning of the October 2, 2006 hearing, the trial judge cautioned mother’s counsel that “if we are going through the motions just for the sake of an appeal, I can tell you we are going to be wasting an awful lot of time, and it is going to cost your client an awful lot of money.” The court indicated that if mother was not going to present any evidence other than what she presented before the juvenile court, “the decision is going to be the same,” and father would “get attorney’s fees for it.” *416 As noted above, “an appeal from the juvenile court must be heard de novo by the circuit

31982–2008
Thomas Gemmell, Inc. v. Svea Fire & Life Insurance green
va · 1936
2 sentences

2008At the beginning of the October 2, 2006 hearing, the trial judge cautioned mother’s counsel that “if we are going through the motions just for the sake of an appeal, I can tell you we are going to be wasting an awful lot of time, and it is going to cost your client an awful lot of money.” The court indicated that if mother was not going to present any evidence other than what she presented before the juvenile court, “the decision is going to be the same,” and father would “get attorney’s fees for it.” *416 As noted above, “an appeal from the juvenile court must be heard de novo by the circuit

2008At the beginning of the October 2, 2006 hearing, the trial judge cautioned mother’s counsel that “if we are going through the motions just for the sake of an appeal, I can tell you we are going to be wasting an awful lot of time, and it is going to cost your client an awful lot of money.” The court indicated that if mother was not going to present any evidence other than what she presented before the juvenile court, “the decision is going to be the same,” and father would “get attorney’s fees for it.” *416 As noted above, “an appeal from the juvenile court must be heard de novo by the circuit

12008–2008

Statutes the citing opinions construe

VA § Va. Code Ann. § 16.1-136 (17) VA § Va. Code Ann. § 16.1-296 (13) VA § Va. Code Ann. § 17.1-413 (7) VA § Va. Code Ann. § 16.1-132 (4) VA § Va. Code Ann. § 16.1-298 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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