twenty-one-day rule (Virginia) · Go Syfert
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twenty-one-day rule in Virginia

8 Virginia opinions name it 5 courts 1979–2010 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 (4)

CaseFollowedCited
Congdon v. Congdongreen
vactapp · 2003 · cited in 1 Virginia opinions naming this issue, 2010–2010
2 sentences

2010BACKGROUND “When reviewing a trial court’s decision on appeal, we view the evidence in the light most favorable to the prevailing party, granting it the benefit of any reasonable inferences.” Congdon v. Congdon, 40 Va. App. 255, 258 , 578 S.E.2d 833, 834 (2003) (citations omitted).

2010BACKGROUND “When reviewing a trial court’s decision on appeal, we view the evidence in the light most favorable to the prevailing party, granting it the benefit of any reasonable inferences.” Congdon v. Congdon, 40 Va. App. 255, 258 , 578 S.E.2d 833, 834 (2003) (citations omitted).

11
Trimark Partners, L.L.C. v. HST, L.L.C.green
vaccfairfax · 1996 · cited in 1 Virginia opinions naming this issue, 2007–2007
1 sentence

2007Agency, Inc. v. Garrett, 33 Va. Cir. 18 (1993)), while “notice” commences the twenty-one day rule in which a responsive pleading must be filed (see Trimark, 39 Va. Cir. 415, 417 (1996)).

11
School Board v. Caudill Rowlett Scott, Inc.green
va · 1989 · cited in 1 Virginia opinions naming this issue, 1995–1995
2 sentences

1995"At the expiration of that 21-day period, the trial court loses jurisdiction to disturb a final judgment, order, or decree except for the limited authority conferred by Code § 8.01-428." School Board v. Caudill Rowlett Scott, Inc., 237 Va. 550, 554 , 379 S.E.2d 319, 321 (1989). 10 In this case, no exceptions to the twenty-one day rule applied.

1995"At the expiration of that 21-day period, the trial court loses jurisdiction to disturb a final judgment, order, or decree except for the limited authority conferred by Code § 8.01-428." School Board v. Caudill Rowlett Scott, Inc., 237 Va. 550, 554 , 379 S.E.2d 319, 321 (1989). 10 In this case, no exceptions to the twenty-one day rule applied.

11
Cofer v. Cofergreen
va · 1965 · cited in 1 Virginia opinions naming this issue, 1979–1979
1 sentence

1979See Cofer v. Cofer, 205 Va. 834 (1965), wherein it is stated, at page 837: The appellee argues that under the provisions of Rule 2:22 [now Rule 1:1] of the Rules of Court the order of September 4 became final and was not thereafter "subject to be modified or vacated." The ready answer is that this rule is not a limitation on the power and authority of the court to vacate a void order.

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 (4)

CaseCitedYears
Jamborsky v. Baskins green
va · 1994
2 sentences

2001We reversed, holding that the twenty-one day provision was "directory and procedural, rather than mandatory and jurisdictional." Id. at 511, 442 S.E.2d at 639 .

2001We reversed, holding that the twenty-one day provision was “directory and procedural, rather than mandatory and jurisdictional.” Id. at 511, 442 S.E.2d at 639 .

22001–2001
Hubbard Insurance Agency, Inc. v. Garrett neutral
vacclancaster · 1993
1 sentence

2007Agency, Inc. v. Garrett, 33 Va. Cir. 18 (1993)), while “notice” commences the twenty-one day rule in which a responsive pleading must be filed (see Trimark, 39 Va. Cir. 415, 417 (1996)).

12007–2007
Bosserman v. Newlin neutral
vaccfrederick · 1970
1 sentence

2004Whereas a case extinguished by a judgment and effectuated by the twenty-one day rule is fully dispositive of all disputed issues and facts pertaining thereto, a case dismissed pursuant to Va. Code Ann. § 8.01-335 is “not dead but in a state of suspended animation.” Bosserman, 10 Va. Cir. at 483 .

12004–2004
Herrera v. Collins green
scotus · 1993
2 sentences

2003Applying Herrara v. Collins, 506 U.S. 390, 407 , 113 S. Ct. 853 , 122 L.

2003Applying Herrara v. Collins, 506 U.S. 390, 407 , 113 S. Ct. 853 , 122 L.

12003–2003

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.

Where else courts name it

TX 12 (1992–2024) VA 8 (1979–2010) VT 2 (2017–2017)

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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