Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 26. Appeals to the Supreme Court » Article 2. When Granted
Virginia Code

Va. Code Ann. § 8.01-670.1 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 2021, Sp. Sess. I, c. 489, cl. 2, effective January 1, 2022.

Notes of Decisions
Cited in 30 cases (3 in the last 5 years), 2004–2024 · leading case: Commonwealth of Virginia, Dep't of Educ. v. Fairfax Cnty. Sch. Bd., 645 S.E.2d 337 (Va. Ct. App. 2007).
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Commonwealth of Virginia, Dep't of Educ. v. Fairfax Cnty. Sch. Bd., 645 S.E.2d 337 (Va. Ct. App. 2007). · cites it 32× “The Commonwealth of Virginia Department of Education (“VDOE”) appeals an interlocutory order of the Circuit Court of the County of Fairfax pursuant to Code § 8.01-670.1. Finding that we have no jurisdiction under Code § 8.”
Rector & Visitors of the Univ. v. Carter, 591 S.E.2d 76 (Va. 2004). · cites it 4× “The Rector and Visitors of the University of Virginia (“UVA”) appeal an interlocutory order of the Circuit Court of the City of Charlottesville pursuant to Code § 8.01-670.1. On appeal, UVA argues that the Virginia Tort Claims Act (Code §§8.”
Miller-Jenkins v. Miller-Jenkins, 637 S.E.2d 330 (Va. Ct. App. 2006). · cites it 4× “The trial court, in the September 9, 2004 order, also certified the matter for an interlocutory appeal to this Court pursuant to Code § 8.01-670.1. Janet noted an appeal.”
Town of Leesburg v. Giordano, 667 S.E.2d 552 (Va. 2008). · cites it 6× “This is an interlocutory appeal, certified pursuant to Code § 8.01-670.1, in which the sole question is whether the circuit court erred by holding the 30-day limitation inapplicable and overruling the Town's plea in bar.”
Pocahontas Min. Ltd. v. Cnx Gas Co., LLC, 666 S.E.2d 527 (Va. 2008). · cites it 2× “The circuit court later certified the remaining provisions of the May order to this Court for review under the interlocutory appeal procedures of Code § 8.01-670.1. In accordance with the circuit court's certification, GeoMet and Pocahontas seek review in this Court of those…”
Edwards v. Vesilind, 790 S.E.2d 469 (Va. 2016). · cites it 2× “The court denied the certification request because the appellees' opposition prevented the parties from meeting the mutuality requirement of Code § 8.01-670.1. In the alternative, the Virginia Senators and DLS asked to be held in contempt in order to produce an appealable order.”
Nolte v. Mt Tech. Enter., LLC, 726 S.E.2d 339 (Va. 2012). · cites it 2× “" The defendants suggested that the trial court certify an interlocutory appeal pursuant to Code § 8.01-670.1. The trial court declined the request.”
Comcast of Chesterfield Cnty., Inc. v. Bd. of Supervisors, 672 S.E.2d 870 (Va. 2009). · cites it 2× “1 permit the permissive appeal of interlocutory orders that would not otherwise be appealable when the appellate court determines the required certification by the circuit court has "sufficient merit." Thus, we discern that, when the General Assembly authorizes the appeal of…”
Cherry v. Lawson Realty Corp., 812 S.E.2d 775 (Va. 2018). · cites it 2× “The court then certified its decision for an interlocutory appeal under Code § 8.01-670.1. ANALYSIS I. PRESERVATION OF THE ARGUMENTS FOR APPEAL .”
David White Crane Serv. v. Howell, 714 S.E.2d 572 (Va. 2011). · cites it 2× “In a letter opinion, the court held that the defendants' failure to carry workers' compensation insurance deprived them of the protections afforded by the Act because they were not participants in the statutory workers' compensation system.”
Rutter v. Oakwood Living Centers of Va., 710 S.E.2d 460 (Va. 2011). · cites it 2× “NOTES [1] The parties did not utilize the procedure for the appeal of an interlocutory order pursuant to the provisions of Code § 8.01-670.1. Thus, we express no opinion whether that procedure would have been applicable in this instance.”
Est. of James v. Peyton, 674 S.E.2d 864 (Va. 2009). · cites it 2× “" Thereafter, on June 30, 2008 and pursuant to Code § 8.01-670.1, the circuit court entered an order certifying an interlocutory appeal to this Court on the issue whether "the Defendant `The Estate of Robert Judson James, Administrator, Edwin F.”
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