Legal Question in Civil Litigation in Virginia
In Virginia, if a default judgment, rendered in General District Court, is relieved (by motion) in the Circuit Court and no appeal is filed within the specified time period and the defendant files a motion in the Circuit Court to dismiss the judgment in question and the motion is granted, does the granted motion create grounds for the plaintiff to appeal in appellate court, if the appeal is filed within the specified time period?
1 Answer from Attorneys
The default judgment in the GDC could be reversed/vacated by the defendant filing a de novo appeal for a new trial in the circuit court. If the new trial were then held in the circuit court and
the verdict favored the defendant, the losing party (plaintiff) would then have 30 days to appeal the verdict to the Virginia Court of Appeals.
And, if for whatever reason the plaintiff did not file and perfect his appeal to the appellate court within the required time periods, the case would be over.
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