Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 26.2. Appeals Generally » Article 3. Limitations; Hearing and Decision
Virginia Code

Va. Code Ann. § 8.01-682 (2026)

What damages awarded appellee

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When any judgment is affirmed, whether in whole or in part, damages shall be awarded to the appellee on the portion of the judgment affirmed. When the judgment is for the payment of money, the damages shall be the interest to which the party is legally entitled, as provided in § 6.2-302 or any other provision of law, from the date of filing the notice of appeal until the date the appellate court issues its mandate. Such interest shall be computed upon the whole amount of the recovery affirmed, including interest and costs, and such damages shall be in satisfaction of all interest during such period of time. When the judgment is not for the payment of any money, except costs, the damages shall be such specific sum as the appellate court may deem reasonable, not being more than $2,500 nor less than $150.

Code 1950, § 8-495; 1977, c. 617; 1984, c. 703; 2010, c. 343; 2012, c. 58; 2016, c. 178; 2019, c. 134.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1997–2026 · leading case: Faysal M. Zedan v. Sylvie E. Westheim, 741 S.E.2d 792 (Va. Ct. App. 2013).
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Faysal M. Zedan v. Sylvie E. Westheim, 741 S.E.2d 792 (Va. Ct. App. 2013). · cites it 6× “See Code § 8.01-682. 7 The interest for the child support *50 arrearage is $9,281.”
Donald B. Bavely v. AV Auto., L.L.C., No. 2165234 (Va. Ct. App. Aug. 12, 2025). · cites it 7× “24 Code § 8.01-682 (“What damages awarded appellee”), provides: When any judgment is affirmed, whether in whole or in part, damages shall be awarded to the appellee on the portion of the - 41 - interest is the higher of 6% per annum or, for “a money judgment entered in an action…”
AV Auto., L.L.C. v. Donald B. Bavely, No. 2168234 (Va. Ct. App. Aug. 12, 2025). · cites it 7× “24 Code § 8.01-682 (“What damages awarded appellee”), provides: When any judgment is affirmed, whether in whole or in part, damages shall be awarded to the appellee on the portion of the - 41 - interest is the higher of 6% per annum or, for “a money judgment entered in an action…”
Kathy G. Bennett v. Lucy Renee Alexander, No. 1348253 (Va. Ct. App. June 2, 2026). · cites it 2× “1 1 Having resolved this appeal in favor of the Bennett parties, we reject Alexander’s claim for $2,500 under Code § 8.01-682, as the judgment is reversed, not affirmed.”
Stackhouse, Inc. v. Boyce, 45 Va. Cir. 13 (Norfolk Cir. Ct. 1997). · cites it 2× “Va. Code Ann. § 8.01-682 (Michie 1992). No statute specifies when a trial court should or should not grant a motion to set aside a jury verdict.”
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