A. From any order entered or judgment rendered in a court not of record in a civil case in which the matter in controversy is of greater value than $20, exclusive of interest, any attorney fees contracted for in the instrument, and costs, or when the case involves the constitutionality or validity of a statute of the Commonwealth, or of an ordinance or bylaw of a municipal corporation, or of the enforcement of rights and privileges conferred by the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or of a protective order pursuant to § 19.2-152.10, or of an action filed by a condominium unit owners' association or unit owner pursuant to § 55.1-1959, or of an action filed by a property owners' association or lot owner pursuant to § 55.1-1819, or from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order, there shall be an appeal of right, if taken within 10 days after such order or judgment, to a court of record. Such appeal shall be to a court of record having jurisdiction within the territory of the court from which the appeal is taken and shall be heard de novo.
B. If any party timely notices an appeal as provided by subsection A, such notice of appeal shall be deemed a timely notice of appeal by any other party on a final order or judgment entered in the same or a related action arising from the same conduct, transaction, or occurrence as the underlying action; however, all parties will be required to timely perfect their own respective appeals by giving a bond and the writ tax and costs, if any, in accordance with § 16.1-107.
If an appeal is noted and perfected after the sheriff has served the notice of intent to execute a writ of eviction, which is required to be served at least 72 hours before such eviction in accordance with law, the party noting or noting and perfecting such appeal shall notify the sheriff of such appeal.
C. The court from which an appeal is sought may refuse to suspend the execution of a judgment that refuses, grants, modifies, or dissolves an injunction in a case brought pursuant to § 2.2-3713 of the Virginia Freedom of Information Act. A protective order issued pursuant to § 19.2-152.10, including a protective order required by § 18.2-60.4, shall remain in effect upon petition for or the pendency of an appeal or writ of error unless ordered suspended by the judge of a circuit court or so directed in a writ of supersedeas by the Court of Appeals or the Supreme Court.
1956, c. 555; 1977, c. 624; 1990, c. 217; 1997, c. 831; 2009, c. 729; 2013, cc. 73, 97; 2014, c. 784; 2015, c. 714; 2020, cc. 1048, 1049.
Notes of Decisions
Ragan v. Woodcroft Vill. Apts., 497 S.E.2d 740 (Va. 1998).
· cites it 42× “01-129 nor Code § 16.1-106 permits an appeal from the denial of a motion for a new trial in an unlawful detainer action.”
Parrish v. Fed. Nat'l Mortg. Ass'n, 787 S.E.2d 116 (Va. 2016).
· cites it 12× “01-126 to adjudicate an action for unlawful detainer when a homeowner challenges the validity of a trustee’s deed after foreclosure, and whether a circuit court has such jurisdiction under Code §§ 16.1-106 and 17.1-513 in a de novo appeal from such a proceeding.”
Robert & Bertha Robinson Fam., LLC v. Allen, 810 S.E.2d 48 (Va. 2018).
· cites it 10× “Code § 16.1-106 addresses appeals and grants "an appeal of right" to a litigant from "any order entered or judgment rendered in a court not of record in a civil case" when the "matter in controversy" exceeds $20.”
Neighbors v. Com., 650 S.E.2d 514 (Va. 2007).
· cites it 20× “rict Court to the Circuit Court, as this matter although civil in nature, is not a matter in which the amount in controversy is of greater value than fifty dollars; [A] writ of coram nobis in the Commonwealth of Virginia is not the proper vehicle to challenge the…”
Comcast of Chesterfield Cnty., Inc. v. Bd. of Supervisors, 672 S.E.2d 870 (Va. 2009).
· cites it 4× “1-3987 requires a circuit court in every tax assessment case to determine the correct assessed value of the taxpayer's property. It is sufficient that the circuit court in this case had not yet ruled on whether it had to do so when Comcast filed its notice of appeal.”
Davis v. Cnty. of Fairfax, 710 S.E.2d 466 (Va. 2011).
· cites it 6× “Significantly, Code § 16.1-106 declares that [f]rom any order entered or judgment rendered in a court not of record in a civil case in which the matter in controversy is of greater value than fifty dollars .”
City of Virginia Beach v. Siebert, 483 S.E.2d 214 (Va. 1997).
· cites it 18× “In the circuit court, Siebert filed a motion to dismiss the City’s appeal on the ground that Code § 16.1-106 does not authorize the *252 City to appeal a dismissal of a refusal charge.”
Architectural Stone, LLC v. Wolcott Ctr., LLC, 649 S.E.2d 670 (Va. 2007).
· cites it 10× “01-428 is an appealable order under Code § 16.1-106. I On October 20, 2005, the General District Court of the City of Norfolk, in an unlawful detainer action, granted a default judgment in favor of plaintiffs Wolcott Center, LLC, and Lana Wolcott (collectively, Wolcott) and…”
Mahoney v. Mahoney, 537 S.E.2d 626 (Va. Ct. App. 2000).
· cites it 4× “" *628 In addition, not only is the substantive issue of support arrearages logically related to, and inherent in, Mahoney's challenge to the jurisdiction of the court and the claimed invalidity of "all orders entered," but the law governing appeals from courts not of record…”
Godlewski v. Gray, 277 S.E.2d 213 (Va. 1981).
· cites it 7× “Within 10 days after the judgments, defendant “noted” appeals of right to the circuit court pursuant to Code § 16.1-106. 1 The district court, seven days after the judgments, set bond in each case at $1300.”
— Va. Code Ann. § 16.1-106(A) — 3 cases
— Va. Code Ann. § 16.1-106(B) — 4 cases
— Va. Code Ann. § 16.1-106(D) — 1 case
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