Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 26.2. Appeals Generally » Article 2. Errors Insufficient in the Appellate Court
Virginia Code

Va. Code Ann. § 8.01-677.1 (2026)

Appeals filed in inappropriate appellate court

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Notwithstanding any other provisions of this Code, no appeal which was otherwise properly and timely filed shall be dismissed for want of jurisdiction solely because it was filed in either the Supreme Court or the Court of Appeals and the appellate court in which it was filed thereafter rules that it should have been filed in the other court. In such event, the appellate court so ruling shall transfer the appeal to the appellate court having appropriate jurisdiction for further proceedings in accordance with the rules of the latter court. The parties shall be allowed a reasonable time to file such additional or amended pleadings as may be appropriate to proceed with the appeal in the appellate court to which the appeal is transferred.

1988, c. 382.

Notes of Decisions
Cited in 59 cases (2 in the last 5 years), 1990–2022 · leading case: John Dixon O'Malley v. Commonwealth of Virginia, 785 S.E.2d 221 (Va. Ct. App. 2016).
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John Dixon O'Malley v. Commonwealth of Virginia, 785 S.E.2d 221 (Va. Ct. App. 2016). · cites it 10× “ngerous dog” to be a dog which has bitten, attacked, or inflicted injury upon a person or companion animal “other than a dog”; 2) in refusing jury instructions he proposed; 3) in refusing to declare that the proceeding was civil in nature; 4) in refusing to admit § 10-1 of the…”
Mattaponi Indian Tribe v. Commonwealth, 601 S.E.2d 667 (Va. Ct. App. 2004). · cites it 7× “We thus transfer this portion of the Tribe’s appeal to the Virginia Supreme Court pursuant to Code § 8.01-677.1. 9 V. The VAPA Appeals Of The SWCB’s Decision Within the context of our VAPA jurisdiction, both the Tribe and Alliance contend that the SWCB both misunderstood and…”
XL Specialty Ins. Co. v. Dept. of Transp., 611 S.E.2d 356 (Va. 2005). · cites it 8× “The Court of Appeals of Virginia transferred the appeals to this Court pursuant to Code § 8.01-677.1. In addition to assigning error to the rulings of the circuit court, XL asserted that the Court of Appeals improperly transferred the appeals to this Court.”
Thomas v. Commonwealth, 480 S.E.2d 135 (Va. Ct. App. 1997). · cites it 8× “As to the appeal from the conviction for refusing to submit to a blood or breath test, because that matter is civil we transfer it to the Supreme Court of Virginia pursuant to Code § 8.01-677.1. BACKGROUND The evidence proved that on the night of November 19, 1994, police…”
Davis v. Commonwealth, 546 S.E.2d 252 (Va. Ct. App. 2001). · cites it 4× “See Commonwealth v. Rafferty, 241 Va. 319 , 402 S.”
Commonwealth v. Rafferty, 402 S.E.2d 17 (Va. 1991). · cites it 5× “On June 27, 1990, that Court held it did not have subject matter jurisdiction to hear the appeal, and transferred the case to this Court pursuant to the provisions of Code § 8.”
All. v. Com., Dept. of Environ. Quality, 621 S.E.2d 78 (Va. 2005). · cites it 2× “Finally, upon holding that it lacked subject matter jurisdiction to consider the Tribe's separate Treaty claims asserted under the circuit court's general equity jurisdiction, the Court of Appeals transferred those claims to this Court under Code § 8.01-677.1. 6 Id. at 710 , 601…”
Pritchett v. Commonwealth, 557 S.E.2d 205 (Va. 2002). · cites it 2× “Upon consideration of the record, briefs, and argument of counsel, the Court is of opinion that there is error in the order of the Court of Appeals transferring the present appeal to this Court under Code § 8.01-677.1. Code § 17.1-406(A) gives the Court of Appeals appellate…”
Andrews v. Richmond Redevelopment & Hous. Auth., 787 S.E.2d 96 (Va. 2016). · cites it 2× “1-405 and transferred the case to this Court under Code § 8.01-677.1. Andrews then filed a petition for appeal to this Court.”
Green v. Commonwealth, 557 S.E.2d 230 (Va. 2002). · cites it 2× “2d 650 (2001), the Court of Appeals held that it did not have jurisdiction to consider Green’s appeal and transferred the appeal to this Court under Code § 8.01-677.1. Green v. Commonwealth, 37 Va.”
Commonwealth v. Southerly, 551 S.E.2d 650 (Va. 2001). · cites it 2× “Under Code § 8.01-677.1, if an appeal is otherwise proper and timely but the appellate court in which it is filed rules it should have been filed in the other appellate court, the court so ruling shall transfer the appeal to the other court.”
Woody v. Commonwealth, 670 S.E.2d 39 (Va. Ct. App. 2008). · cites it 2× “"In all criminal cases before the Court of Appeals or the Supreme Court in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth.”
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