Legal Question in Appeals and Writs in Virginia

Re: Untimely Appeal

The simple answer is "sort of". There are things you can do, but they're not easy. And since you cited a 10-day window, I'm assuming you're referring to a general district court case.

First, the court has twenty-one days in which to exercise jurisdiction in the case. File a motion to vacate and reconsider, and argue the motion within the twenty-one days. As long as the court has jurisdiction to entertain the motion, and enters an order within the twenty-one days, the clock starts ticking again on your ten days in which to appeal. Va. Code section 16.1-106 provides for an appeal with 10 days of " any order entered or judgment rendered".

Secondly, you can petition the court within 2 years to vacate and rehear if there was fraud on the court, judicial clerical error, or lack of jurisdiction. After an order is entered, the ten days starts ticking again.

You can file a petition in the Circuit Court to enjoin enforcement of the GDC's order, but I wouldn't try it unless the deck were stacked entirely in my favor.

Remember the court has to enter a valid order while it has jurisdiction to do so. Take a draft orders to court with you: one if things go your way and the court vacates the judgment; one if things go the other way and the court sustains the judgment; and one if the court takes the case under advisement in which case your order should stay the judgment until such time as the court is prepared to enter a final order.

Be prepared for some flak at the clerk's office when you try to exploit the loophole in the 10 day rule. Make sure you tell them you're not appealing the judgment, but the final order doing whatever to your motion to vacate.

If they won't let you fill out the notice of appeal form, file your own notice of appeal, and if they won't let you file it, have a witness with you who'll testify that they wouldn't and file suit in the circuit court to enjoin enforcement of the judgment or in the alternative to vacate the judgment in the gdc. (that suit will be in equity, no jury, the court has all possible power to make a remedy that fits.)