Greene v. Greene, 288 S.E.2d 447 (Va. 1982). · Go Syfert
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Greene v. Greene, 288 S.E.2d 447 (Va. 1982). Cases Citing This Book View Copy Cite
96 citation events (45 in the last 25 years) across 6 distinct courts.
Strongest positive: Eden Stuart v. Wayne Edgar Campbell (vactapp, 2025-08-05)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 32 distinct citers.
discussed Cited as authority (rule) Eden Stuart v. Wayne Edgar Campbell
Va. Ct. App. · 2025 · confidence medium
In addition, “[t]he orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease.” Reaves, 67 Va. App. at 727 (alteration in original) (quoting Greene v. Greene, 223 Va. 210, 212 (1982)).
discussed Cited as authority (rule) Eden Susanna Stuart v. Wayne Edgar Campbell
Va. Ct. App. · 2025 · confidence medium
In addition, “[t]he orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease.” Reaves, 67 Va. App. at 727 (alteration in original) (quoting Greene v. Greene, 223 Va. 210, 212 (1982)).
discussed Cited as authority (rule) Anita Shana-Nicole Simms v. Alexandria Department of Commuity and Human Services
Va. Ct. App. · 2022 · confidence medium
“The orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease.” Greene v. Greene, 223 Va. 210, 212 (1982).
discussed Cited as authority (rule) Bonanno v. Quinn
Va. · 2021 · confidence medium
In Walton v. Commonwealth, 256 Va. 85 (1998), we held that a trial court is divested of jurisdiction upon the filing of a notice of appeal because the “‘orderly administration of justice requires that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease.’” Id. at 95 (quoting Greene v. Greene, 223 Va. 210, 22 (1982)).
discussed Cited as authority (rule) Farah Khakee v. David W. Rodenberger
Va. Ct. App. · 2019 · confidence medium
She contends that during the November 9, 2018 hearing on wife’s motions with respect to support, the circuit court “ruled that it has no subject matter jurisdiction over support and arrearages, since the filing of a Notice of Appeal, under Greene v. Greene, 223 Va. 210 (1982).” Consequently, she argues, “[s]ince the trial Court lack[ed] jurisdiction over [her] support and arrearages, it lack[ed] jurisdiction over [husband’s] support and fee claims, which are inextricably intertwined.” Greene and its progeny make clear that “[t]he orderly administration of justice demands that whe…
discussed Cited as authority (rule) Gary D. Knight, Jr. v. Howard Ottrix and Kahlilah Ottrix
Va. Ct. App. · 2018 · confidence medium
Moreover, once this Court “acquire[d] jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken . . . cease[d].” McCoy v. McCoy, 55 Va. App. 524, 528 , 687 S.E.2d 82, 84 (2010) (quoting Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982)).
discussed Cited as authority (rule) Timothy M. Barrett v. Valerie Jill Rhudy Minor
Va. Ct. App. · 2018 · confidence medium
Father argues that only one court can have jurisdiction over a case at a time, and while an appeal is pending “the jurisdiction of the trial court from which the appeal was taken must cease.” Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
discussed Cited as authority (rule) Judy Kay Reaves v. James Kelly Tucker
Va. Ct. App. · 2017 · confidence medium
It is well-established that “[t]he orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease.” Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982) (emphasis added).
discussed Cited as authority (rule) Selena Gudino v. Dennis Gudino
Va. Ct. App. · 2012 · confidence medium
Remanded. 10 See Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982) (reversing fee award lacking “supporting evidence”); Westbrook v. Westbrook, 5 Va. App. 446, 458 , 364 S.E.2d 523, 530 (1988) (reversing counsel fee award where there was “no evidence in the record to explain or justify the amount of the award” (citing Robertson v. Robertson, 215 Va. 425, 429-30 , 211 S.E.2d 41, 45 (1975))); see also Holmes v. LG Marion Corp., 258 Va. 473, 479 , 521 S.E.2d 528, 533 (1999) (holding “the fact finder must determine from the evidence the amount of reasonable fees under the f…
discussed Cited as authority (rule) McCoy v. McCoy
Va. Ct. App. · 2010 · confidence medium
As the Supreme Court of Virginia explained, “The orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease.” Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982); Frazer v. Frazer, 23 Va.App. 358, 379-80 , 477 S.E.2d 290, 300 (1996) (finding the trial court lacked authority to modify' a child support award after Mrs. Frazer had filed a notice appealing that award to this Court).
discussed Cited as authority (rule) James E. Phifer, Jr. v. Commonwealth of Virginia, Department of Social Services
Va. Ct. App. · 2009 · confidence medium
It is well established that, when this Court obtains jurisdiction because of an appeal, ‘“the jurisdiction of the trial court from which the appeal was taken must cease.’” Decker v. Decker, 17 Va. App. 562, 564 , 440 S.E.2d 411, 412 (1994) (quoting Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982)).
discussed Cited as authority (rule) Joseph Michael Russell v. Nancy Lynne Russell
Va. Ct. App. · 2007 · confidence medium
“The orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the * Pursuant to Code § 17.1-413, this opinion is not designated for publication. jurisdiction of the trial court from which the appeal was taken must cease.” Decker v. Decker, 17 Va. App. 562, 564 , 440 S.E.2d 411, 412 (1994) (quoting Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982)).
discussed Cited as authority (rule) Askew v. Commonwealth (2×)
Va. Ct. App. · 2006 · signal: cf. · confidence medium
In this case, the trial court’s ongoing authority over issues pertaining to bail pending appeal, including issues of bail violation and revocation, is merely an exercise of the trial court’s ancillary jurisdiction under Code § 19.2-319, separate and apart from the appellate court’s jurisdiction “over those aspects of the [defendant’s criminal] case involved in the appeal.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 , 103 S.Ct. 400, 402 , 74 L.Ed.2d 225 (1982); see Smith, 230 Va. at 357 , 337 S.E.2d at 279 (post-conviction bail is ancillary to the criminal prosecuti…
cited Cited as authority (rule) Holden v. Holden
Va. Ct. App. · 2001 · confidence medium
Id. at 212 , 288 S.E.2d at 448 (citation omitted).
discussed Cited as authority (rule) Close v. Gollahon
King George Cir. Ct. · 2000 · confidence medium
And attorney’s fees are to be awarded upon “a proper showing of what is reasonable.” Robertson v. Robertson, 215 Va. 425, 430 , 211 S.E.2d 41, 45 (1975), cited with approval in Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
cited Cited as authority (rule) Summers v. Summers
Fairfax Cir. Ct. · 1999 · confidence medium
Green v. Green, 223 Va. 210, 212 (1982).
discussed Cited as authority (rule) Landon T. A. Summers v. Marcia L. B. Summers
Va. Ct. App. · 1999 · confidence medium
"The orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease." Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
discussed Cited as authority (rule) Cynthia Margoupis v. Thomas Margoupis (2×) also: Cited "see"
Va. Ct. App. · 1999 · confidence medium
"The orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease." Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
discussed Cited as authority (rule) Walton v. Commonwealth
Va. · 1998 · confidence medium
We have stated that the “orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease.” Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
discussed Cited as authority (rule) Linda S. Frazer v. James Douglas Frazer
Va. Ct. App. · 1996 · confidence medium
“The orderly administration of justice demands that when an appellate court acquires jurisdiction over the *380 parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease.” Decker v. Decker, 17 Va.App. 562, 564 , 440 S.E.2d 411, 412 (1994) (quoting Greene v. Greene, 228 Va. 210, 212 , 288 S.E.2d 447, 448 (1982)).
discussed Cited as authority (rule) Linda S. Frazer v. James Douglas Frazer
Va. Ct. App. · 1996 · confidence medium
"The orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease." Decker v. Decker, 17 Va. App. 562, 564 , 440 S.E.2d 411, 412 (1994) (quoting Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982)).
discussed Cited as authority (rule) Lane Construction Corp. v. Trading Merchandising Co.
Stafford Cir. Ct. · 1995 · confidence medium
And attorney’s fees are to be awarded upon “a proper showing of what is reasonable.” Robertson v. Robertson, 215 Va. 425, 430 , 211 S.E.2d 41, 45 (1975), cited with approval in Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
discussed Cited as authority (rule) Decker v. Decker (2×) also: Cited "see"
Va. Ct. App. · 1994 · confidence medium
Id. at 212 , 288 S.E.2d at 448 (citation omitted).
cited Cited as authority (rule) Nabisco Brands, Inc. v. Jones
Va. Ct. App. · 1991 · confidence medium
She testified that “nobody didn’t advise me not to [file a claim] but nobody advised me to [file a claim].” 223 Va. at 208, 288 S.E.2d at 447.
discussed Cited as authority (rule) Mansfield Jones v. Eleanor C. Poindexter, Administratrix of the Estate of Joseph W. Poindexter Charles F. Purcell Thomas E. Albro, James N.G. Cauthen
4th Cir. · 1990 · confidence medium
In Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982), the Supreme Court of Virginia held that Virginia circuit courts do not have jurisdiction to invalidate appeal bonds after the petition for appeal has been filed with the Supreme Court of Virginia.
cited Cited as authority (rule) M.E.D. v. J.P.M.
Va. Ct. App. · 1986 · signal: cf. · confidence medium
See Rowlee v. Rowlee, 211 Va. 689, 690 , 179 S.E.2d 461, 462 (1971); cf. Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
cited Cited as authority (rule) Med v. Jpm
Va. Ct. App. · 1986 · signal: cf. · confidence medium
See Rowlee v. Rowlee, 211 Va. 689, 690 , 179 S.E.2d 461, 462 (1971); cf. Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
discussed Cited "see" Valerie Jill Rhudy Minor v. Timothy M. Barrett (2×)
Va. Ct. App. · 2016 · signal: see · confidence high
See Green v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982); Holden v. Holden, 35 Va. App. 315, 326-27 , 544 S.E.2d 884, 889 (2001).
discussed Cited "see" Jeffrey Brian Lee v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2015 · signal: see · confidence high
See Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982) (explaining that “[t]he orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease,” and, furthermore, that the appellate court “acquire[s] jurisdiction over [the] matter when [the petitioner]’s petition for appeal [is] filed and docketed in the Clerk’s Office of this Court [the appellate court]”).
discussed Cited "see" Landon T. A. Summers v. Marcia Lee Brown Summers (2×)
Va. Ct. App. · 1999 · signal: see · confidence high
See Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
examined Cited "see" Parish v. Spaulding (4×)
Va. · 1999 · signal: see · confidence high
See Greene v. Greene, 223 Va. 210, 212 , 288 S.E.2d 447, 448 (1982).
cited Cited "see" Howard v. Howard
Fairfax Cir. Ct. · 1990 · signal: see · confidence high
See, Green v. Green, 223 Va. 210 (1982), and Cralle v. Cralle, 81 Va. 773, 775 (1886); see also, 1B M.J.
Donna Vivian Greene
v.
Raymond Lawrence Greene
Record 810871.
Supreme Court of Virginia.
Mar 12, 1982.
288 S.E.2d 447
C. F. Hicks (Martin, Hicks & Ingles, Ltd., on brief), for appellant., Robert M. Brown, Jr. (Hudgins, Neale & Brown, on brief), for appellee.
Carrico, Cochran, Poff, Compton, Thompson, Stephenson, Harrison.
Cited by 36 opinions  |  Published
PER CURIAM.

Donna Vivian Greene and Raymond Lawrence Greene were divorced by decree of the trial court entered September 2,1980, and the custody of their two children was awarded to Mr. Greene. No award of alimony or child support was made at that time.

On December 30, 1980, Mr. Greene filed a petition seeking an award of child support, alleging a material change in his financial condition occasioned, inter alia, by the entry of a judgment in a court in Florida. This judgment required him to pay Mrs. Greene $500 a month for child support, and $20,800 for counsel fees and costs in a Florida proceeding in which she had been awarded custody of the children. After hearing evidence ore tenus, the trial court, by decree entered March 9, 1981, awarded Mr. Greene child support of $500 per month, and required Mrs. Greene to pay her former husband $20,800 for his counsel fees. Mrs. Greene’s petition for an appeal from this decree was filed with the Clerk of this Court on June 1, 1981.

It further appears that on August 30, 1981, while Mrs. Greene’s appeal was pending here, the trial court entered another[*212] decree in this cause, in which it again awarded Mr. Greene child support and counsel fees in the same amounts as it had awarded him in the March 9 decree, but recited that the child support award “is an offset against the award of support of the Florida Court” and added further that its award of counsel fees to Mr. Greene should become “null and void should the decree of the Florida Court awarding $20,800.00 counsel fees and cost be set aside.”

Mrs. Greene’s appeal of the March 9, 1981, decree is limited to a consideration of the action of the trial court in awarding counsel fees to Mr. Greene in the amount of $20,800.

Counsel fees, if any, must be awarded upon “a proper showing of what is reasonable.” Robertson v. Robertson, 215 Va. 425, 430, 211 S.E.2d 41, 45 (1975). In the instant case, there is no evidence in the record before us of the nature, the extent, or the reasonableness of the services rendered by Mr. Greene’s counsel in connection with the proceedings then pending before the trial court. Indeed, it is obvious that the court awarded counsel fees solely in retaliation for what the court considered to be an unconscionable award against Mr. Greene made in another proceeding by a Florida court. This action by the trial court was taken without supporting evidence, is plainly wrong, and must be reversed.

Counsel for Mr. Greene suggested in argument on appeal that the issue upon which the appeal was granted may have been rendered moot by the decree entered on August 30, 1981. We disagree. The orderly administration of justice demands that when an appellate court acquires jurisdiction over the parties involved in litigation and the subject matter of their controversy, the jurisdiction of the trial court from which the appeal was taken must cease. We acquired jurisdiction over this matter when Mrs. Greene’s petition for appeal was filed and docketed in the Clerk’s Office of this Court, and thereafter corrections and alterations could be made only with leave of this Court. Lamb v. Commonwealth, 222 Va. 161, 165, 279 S.E.2d 389, 392 (1981).

Accordingly, the decree complained of is reversed, and the case is remanded for further proceedings consistent with the views expressed in this opinion.

Reversed and remanded.