drafting error (Virginia) · Go Syfert
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drafting error in Virginia

10 Virginia opinions name it 4 courts 1983–2019 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 (6)

CaseFollowedCited
Dorn v. Dorngreen
va · 1981 · cited in 5 Virginia opinions naming this issue, 1983–2018
2 sentences

2018As support for his classification of this calculation as clerical error, husband cites Dorn v. Dorn, 222 Va. 288 , 279 S.E.2d 393 (1981), wherein our Supreme Court corrected as a clerical error a drafting error in a divorce decree’s award of child support.

2018As support for his classification of this calculation as clerical error, husband cites Dorn v. Dorn, 222 Va. 288 , 279 S.E.2d 393 (1981), wherein our Supreme Court corrected as a clerical error a drafting error in a divorce decree’s award of child support.

35
In Re Commonwealth of Virginia Department of Correctionsgreen
va · 1981 · cited in 2 Virginia opinions naming this issue, 1986–1986
2 sentences

1986Compare In re Department of Corrections, 222 Va. 454, 463 , 281 S.E.2d 857, 862 (1981) (court cannot suspend sentence by order entered more than 21 days after final judgment) with Dorn v. Dorn, 222 Va. 288, 291, 279 S.E.2d 393, 394-95 (1981) (court may correct an order containing an attorney’s drafting error more than 21 days after final judgment) and Code § 8.01- 428(B) (clerical errors in judgments, resulting from oversight or inadvertent omission, may be corrected at any time before an appeal is docketed).

1986Compare In re Department of Corrections, 222 Va. 454, 463 , 281 S.E.2d 857, 862 (1981) (court cannot suspend sentence by order entered more than 21 days after final judgment) with Dorn v. Dorn, 222 Va. 288, 291, 279 S.E.2d 393, 394-95 (1981) (court may correct an order containing an attorney’s drafting error more than 21 days after final judgment) and Code § 8.01- 428(B) (clerical errors in judgments, resulting from oversight or inadvertent omission, may be corrected at any time before an appeal is docketed).

22
Miller v. Reynoldsgreen
va · 1976 · cited in 1 Virginia opinions naming this issue, 2016–2016
2 sentences

2016Cf. Miller v. Reynolds, 216 Va. 852, 854-56 , 223 S.E.2d 883, 885 (1976) (holding that the merger doctrine applicable to the execution of deeds does not apply in cases of mutual mistake).

2016Cf. Miller v. Reynolds, 216 Va. 852, 854-56 , 223 S.E.2d 883, 885 (1976) (holding that the merger doctrine applicable to the execution of deeds does not apply in cases of mutual mistake).

11
Burks v. United Statesgreen
scotus · 1978 · cited in 1 Virginia opinions naming this issue, 2004–2004
1 sentence

2004Relying on Burks v. United States, 437 U.S. 1, 5-6 (1978), Powell asserts that, because we held that the evidence at his first trial at best would have supported a conviction for first degree murder, the trial court was bound by that determination in any subsequent retrial.

11
Harris v. Commonwealthgreen
va · 1981 · cited in 1 Virginia opinions naming this issue, 1991–1991
1 sentence

1991Id. at 292, 279 S.E.2d at 395. *838 In the case before us, prior to sentencing Nelson, the trial judge stated: “[Bjecause this is a serious offense, I cannot grant you probation nor can I grant you a lenient sentence.” The trial judge then sentenced Nelson to fifteen years and stated that it was to be suspended after Nelson served two years.

11
Cutshaw v. Cutshawgreen
va · 1979 · cited in 1 Virginia opinions naming this issue, 1991–1991
2 sentences

1991In addition, the court has found that Code § 8.01-428(B) gives the trial court the authority to enter a nunc pro tunc order remedying counsel’s failure to prepare an order for entry by the court, Cutshaw v. Cutshaw, 220 Va. 638, 641 , 261 S.E.2d 52, 53 (1979), and to correct a drafting error made by counsel in a stipulation agreement which was incorporated into a final decree, Dorn v. Dorn, 222 Va. 288, 291 , 279 S.E.2d 393, 394 (1981).

1991In addition, the court has found that Code § 8.01-428(B) gives the trial court the authority to enter a nunc pro tunc order remedying counsel’s failure to prepare an order for entry by the court, Cutshaw v. Cutshaw, 220 Va. 638, 641 , 261 S.E.2d 52, 53 (1979), and to correct a drafting error made by counsel in a stipulation agreement which was incorporated into a final decree, Dorn v. Dorn, 222 Va. 288, 291 , 279 S.E.2d 393, 394 (1981).

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 (3)

CaseCitedYears
Williams v. Williams green
vactapp · 2000
1 sentence

2019Due to a drafting error, the pension distribution order referred only to one class of benefits and the pension administrator paid the wife 50% of the payment arising from only that class. 32 Va. App. at 74-75 .

12019–2019
Federal Election Commission v. Massachusetts Citizens for Life, Inc. green
scotus · 1986
1 sentence

2009Id.

12009–2009
Cass v. Lassiter green
vactapp · 1986
2 sentences

1998Plaintiffs counsel also cites Cass v. Lassiter, 2 Va. App. 273, 343 S.E.2d 470 (1986), to support his position.

1998Plaintiffs counsel also cites Cass v. Lassiter, 2 Va. App. 273, 343 S.E.2d 470 (1986), to support his position.

11998–1998

Statutes the citing opinions construe

VA § Va. Code Ann. § 8.01-428 (5)

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.

Where else courts name it

AR 69 (1994–2025) CA 60 (1982–2026) PA 24 (1983–2023) TX 14 (1995–2024) VA 10 (1983–2019) OH 8 (1986–2016) MO 6 (2005–2023) NC 5 (2009–2021) FL 5 (1982–2019) MD 5 (2001–2020) WA 4 (2002–2018) DE 3 (2017–2019) OR 3 (2019–2020) NY 3 (2004–2023) NM 3 (1993–2024) WV 3 (2015–2022) DC 2 (2020–2022) WI 2 (1993–1995) AZ 2 (1998–2005) NV 2 (1995–1998) CO 2 (1998–1998) SC 2 (2014–2022) TN 2 (2003–2014) MA 2 (1996–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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