Virginia Code
Va. Code Ann. § 8.01-267.8 (2026)
Interlocutory appeal
✓ current as of May 2026
Find cases:
SyfertCases citing this section
VA-LISlaw.lis.virginia.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
A. The Court of Appeals, in its discretion, may permit an appeal to be taken from an order of a circuit court although the order is not a final order where the circuit court has ordered a consolidated trial of claims joined or consolidated pursuant to this chapter.
B. The Court of Appeals, in its discretion, may permit an appeal to be taken from any other order of a circuit court in an action combined pursuant to this chapter although the order is not a final order provided the written order of the circuit court states that the order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.
C. Application for an appeal pursuant to this section shall be made within 10 days after the entry of the order and shall not stay proceedings in the circuit court unless the circuit court or the appellate court shall so order.
Notes of Decisions
Cited in 19
cases (13 in the last 5 years), 2003–2025 · leading case: Adams v. Corr. Corp. of Am., 264 P.3d 640 (Colo. Ct. App. 2011).
Adams v. Corr. Corp. of Am., 264 P.3d 640 (Colo. Ct. App. 2011). “1(a); Va.Code Ann. § 8.01-267.8(B) (2011). Some states, such as Colorado, require the question of law to be "controlling," e.”
City of Chesapeake v. Cunningham, 604 S.E.2d 420 (Va. 2004). “Pursuant to Code § 8.01-267.8(B), the trial court made the requisite findings enabling the parties to proceed with an interlocutory appeal of the trial court's judgment.”
Gas Mart v. Bd. of Sup'rs of Loudoun Cnty., 611 S.E.2d 340 (Va. 2005). “After the trial court issued its letter opinion, the complainants requested the court to certify two "controlling questions of law" as appropriate for an interlocutory appeal, pursuant to the provisions of Code § 8.01-267.8(B). By decree entered June 14, 2004, the trial court…”
In re Zoning Ordinance Amendments, 67 Va. Cir. 462 (Loudoun Cir. Ct. 2003). “Pursuant to Va. Code Ann. § 8.01-267.8 , the Decree mayprovide that it involves a controlling question of law that there is substantial ground for difference of opinion and that immediate appeal may advance the termination of the matter as to the question raised by the…”
In Re: Jared R. Jenkins (Va. Ct. App. 2023). “This Court has appellate jurisdiction over “any final judgment, order, or decree of a circuit court in a civil matter,” Code § 17.”
In Re: Jared R. Jenkins (Va. Ct. App. 2023). “This Court has appellate jurisdiction over “any final judgment, order, or decree of a circuit court in a civil matter,” Code § 17.”
Anita Vinjirayer, M.D. v. Christina C. Scordo (Va. Ct. App. 2025). “5—as well as over “any interlocutory decree or order involving an equitable claim in which the decree or order (i) requires money to be paid or the possession or title of property to be changed or (ii) adjudicates the principles of a cause.” Code § 17.”
Eleftherios Napier v. Margery Anna Cannon (Va. Ct. App. 2025). “1-405(A)(4) gives us jurisdiction over a consolidated trial order under Code § 8.01-267.8 and certified questions under Code § 8.”
Maeng Jong Choi v. Young Ae Choi (Va. Ct. App. 2023). “However, in between the date of the pendente lite order and the notice of appeal, the General Assembly amended Code § 17.”
Virginia State Conf. NAACP v. Governor Glenn A. Youngkin (Va. Ct. App. 2025). “0264-24-2 This Court has appellate jurisdiction over “any final judgment, order, or decree of a circuit court in a civil matter,” interlocutory orders under Code §§ 8.01-267.8 or 8.01-675.5, and certain interlocutory orders involving equitable claims, Code § 17.”
Virginia State Conf. NAACP v. Governor Glenn A. Youngkin (Va. Ct. App. 2025). “0264-24-2 This Court has appellate jurisdiction over “any final judgment, order, or decree of a circuit court in a civil matter,” interlocutory orders under Code §§ 8.01-267.8 or 8.01-675.5, and certain interlocutory orders involving equitable claims, Code § 17.”
Deborah A. Campbell v. Nelson Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2025). “1-405(A)(3) (permitting appeals in “a civil matter” from a circuit court); see also Code § 8.01-267.8(B) (permitting interlocutory appeals from a circuit court).”
— Va. Code Ann. § 8.01-267.8(A) — 1 case
Eleftherios Napier v. Margery Anna Cannon (Va. Ct. App. 2025). “1-405(A)(4) gives us jurisdiction over a consolidated trial order under Code § 8.01-267.8 and certified questions under Code § 8.”
— Va. Code Ann. § 8.01-267.8(B) — 5 cases
Adams v. Corr. Corp. of Am., 264 P.3d 640 (Colo. Ct. App. 2011). “1(a); Va.Code Ann. § 8.01-267.8(B) (2011). Some states, such as Colorado, require the question of law to be "controlling," e.”
City of Chesapeake v. Cunningham, 604 S.E.2d 420 (Va. 2004). “Pursuant to Code § 8.01-267.8(B), the trial court made the requisite findings enabling the parties to proceed with an interlocutory appeal of the trial court's judgment.”
Gas Mart v. Bd. of Sup'rs of Loudoun Cnty., 611 S.E.2d 340 (Va. 2005). “After the trial court issued its letter opinion, the complainants requested the court to certify two "controlling questions of law" as appropriate for an interlocutory appeal, pursuant to the provisions of Code § 8.01-267.8(B). By decree entered June 14, 2004, the trial court…”
Deborah A. Campbell v. Nelson Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2025). “1-405(A)(3) (permitting appeals in “a civil matter” from a circuit court); see also Code § 8.01-267.8(B) (permitting interlocutory appeals from a circuit court).”
Cunningham v. City of Chesapeake (Va. 2004).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.