statute creates a clear exception (Virginia) · Go Syfert
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statute creates a clear exception in Virginia

8 Virginia opinions name it 4 courts 1987–2026 1 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 (2)

CaseFollowedCited
McEwen Lumber Co. v. Lipscomb Bros. Lumber Co.green
va · 1987 · cited in 7 Virginia opinions naming this issue, 1996–2026
2 sentences

2015Lumber Co., 234 Va. 243, 247 , 360 S.E.2d 845, 848 (1987) (“Rule 1:1 implements that policy, and we apply it rigorously, unless a statute creates a clear exception to its operation.” (citation omitted)). -5-

2015Lumber Co., 234 Va. 243, 247 , 360 S.E.2d 845, 848 (1987) (“Rule 1:1 implements that policy, and we apply it rigorously, unless a statute creates a clear exception to its operation.” (citation omitted)). -5-

57
Decker v. Deckergreen
vactapp · 1996 · cited in 1 Virginia opinions naming this issue, 2012–2012
2 sentences

2012Under Virginia Code § 20-107.3(K), “[t]he court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section. . . .” However, the Court of Appeals of Virginia has said that a trial judge cannot rely upon Va. Code § 20-107.3(K) to “avoid the bar of Rule 1:1 and rule on a substantive, contested issue that was encompassed by the terms of the final decree.” Decker v. Decker, 22 Va. App. 486, 495 , 471 S.E.2d 775, 779 (1996).

2012Under Virginia Code § 20-107.3(K), “[t]he court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section. . . .” However, the Court of Appeals of Virginia has said that a trial judge cannot rely upon Va. Code § 20-107.3(K) to “avoid the bar of Rule 1:1 and rule on a substantive, contested issue that was encompassed by the terms of the final decree.” Decker v. Decker, 22 Va. App. 486, 495 , 471 S.E.2d 775, 779 (1996).

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
Com. v. Morris green
va · 2011
1 sentence

2012There are exceptions to Rule 1:1; inter alia, Va. Code § 8.01-677 (writ of error coram vobis) allows a court to entertain a petition to correct “clerical errors and certain errors of fact.” Morris, 281 Va. at 78, 705 S.E.2d at 506 .

12012–2012
In Re Commonwealth of Virginia Department of Corrections green
va · 1981
2 sentences

1987See In re: Department of Corrections, 222 Va. 454 , 281 S.E.2d 857 (1981).

1987See In re: Department of Corrections, 222 Va. 454 , 281 S.E.2d 857 (1981).

11987–1987

Statutes the citing opinions construe

VA § Va. Code Ann. § 8.01-428 (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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