Virginia Code

Va. Code Ann. § 8.01-20 (2026)

Effect of marriage, change of name or death on appeal

✓ current as of May 2026

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If at any time after verdict or judgment in the trial court during the pendency of an appeal or before the appeal is granted, the marriage, change of name or death of a party, or any other fact which might otherwise be relied on in abatement occurs, and such fact is suggested or relied on in abatement in the Court of Appeals or the Supreme Court, the court may, in its discretion, take or retain jurisdiction and enter judgment or decree in the case as if such event had not occurred.

Code 1950, § 8-148; 1973, c. 401; 1977, c. 617; 1984, c. 703.

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 1981–2022 · leading case: Nancy Marcellette Friedman v. Mona Smith & Laura Goldstein, etc., 810 S.E.2d 912 (Va. Ct. App. 2018).

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Nancy Marcellette Friedman v. Mona Smith & Laura Goldstein, etc., 810 S.E.2d 912 (Va. Ct. App. 2018). · cites it 2× “Counsel for husband filed a “Suggestion of Death,” pursuant to Code § 8.01-20, asserting that husband died on September 20, 2017, as part of the record in the circuit court.”

Utsch v. Utsch, 581 S.E.2d 507 (Va. 2003). · cites it 2× “Pursuant to Code § 8.01-20, the Court of Appeals retained jurisdiction “as if such event had not occurred.”

Locke v. Johns-Manville Corp., 275 S.E.2d 900 (Va. 1981). · cites it 2× “Code § 8.01-20. 2 Saltzer, Laburnum and King , all property damage cases, were decided before the October 1, 1977 effective date of Code § 8.”

Lawrence v. Wirth, 309 S.E.2d 315 (Va. 1983). · cites it 4× “…that the plaintiff died of metastatic bone cancer while this appeal was pending. Her appeal, however, does not abate. Code § 8.01-20.”

Brown v. Haley, 355 S.E.2d 563 (Va. 1987). · cites it 2× “Pursuant to Code § 8.01-20, we retained jurisdiction as though his death had not occurred.”

Norfolk & Portsmouth Belt Line R.R. v. Barker, 275 S.E.2d 613 (Va. 1981). · cites it 4× “…appeal will not abate, and we will "retain jurisdiction and enter judgment ... as if such event had not occurred." Code § 8.01-20.”

Carter v. Carter, 291 S.E.2d 218 (Va. 1982). · cites it 2× “Code § 8.01-20 does not require revival or substitution of parties.”

Morris v. Mosby, 317 S.E.2d 493 (Va. 1984). · cites it 2× “Code § 8.01-20. 2 The Morrises' also contended the trial court erred in requiring them to pay Bosiger’s real estate commission.”

Bevel v. Com., 717 S.E.2d 789 (Va. 2011). · cites it 2× “Within the motion, counsel noted that Code § 8.01-20 allowed, in the discretion of the court, for the abatement of a civil case in which a party had died while the case was pending appeal.”

Hogan v. Carter, 310 S.E.2d 666 (Va. 1983). · cites it 2× “Code § 8.01-20. 2 Mrs. Hogan, an elderly lady, sustained a non-displaced fracture of the pelvis.”

Kambis v. Considine, 778 S.E.2d 117 (Va. 2015). · cites it 2× “" Code § 8.01-20. Our reference to the dismissed claims does not include the derivative claim or the improperly filed appeal, as the trial court expressly attributed these to the law firm that formerly represented Kambis.”

Blankenship v. United States, 111 F. Supp. 3d 745 (W.D. Va. 2015). · cites it 3× “The United States argues, however, that the court nonetheless lacks subject matter jurisdiction over any claim premised on the negligence of SVAMC employees, because he (1) failed to exhaust his administrative remedies, and (2) failed to comply with the certification…”

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