The Supreme Court of Virginia issued an unpublished order yesterday that could easily slip under the radar because it isn’t establishing new law…but it shows that even the Court of Appeals can get confused about deadlines! Here the issue came about because the trial court issued a stay of the final judgment. 

The trial lawyer didn’t do anything wrong. Counsel asked for a stay of the final judgment, which was perfectly appropriate given the circumstances. The trial lawyer even ensured that the trial court promptly entered the order staying the matter (in this case, for 120 days, rendering a new final order effective date of Sept. 6, 2023). The trial lawyer complied with this new time limitation and correctly filed their notice of appeal early on Aug. 3, 2023 prior to the new deadline for the notice of appeal (October 6, 2023).

What went wrong? The Court of Appeals appears to have gotten confused. The Court of Appeals dismissed the appeal as untimely on Sept. 22, 2023, and the defendant appealed to the Supreme Court (thank goodness!).

Only now, nearly a year later, did the Supreme Court rule on this. This isn’t unusual timing as the wheels of justice can turn very, very slowly . . . but I can only imagine how stressed the poor trial lawyer was in the interim!  

Takeaways: It is a good idea to request a stay if you need one, but if so, it is critical that the trial court enters its order within the confines of Va. Sup. Ct. R. 1:1 (or the 21-day rule).  Always calendar your deadlines if defined (and double-check them with a second pair of eyes ideally!), and please feel free to reach out if you have questions.