Leggett v. Caudill

439 S.E.2d 350, 247 Va. 130, 10 Va. Law Rep. 771, 1994 Va. LEXIS 5
CourtSupreme Court of Virginia
DecidedJanuary 7, 1994
DocketRecord 921974
StatusPublished
Cited by20 cases

This text of 439 S.E.2d 350 (Leggett v. Caudill) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leggett v. Caudill, 439 S.E.2d 350, 247 Va. 130, 10 Va. Law Rep. 771, 1994 Va. LEXIS 5 (Va. 1994).

Opinion

JUSTICE KEENAN

delivered the opinion of the Court.

The dispositive issue in this appeal is whether the order appealed from is a “final judgment” or “other appealable order or decree,” within the meaning of Code § 8.01-670(A)(3) and Rule 5:9(a).

Gloria J. Leggett appeals from the trial court’s order sustaining a. demurrer to Count I of her motion for judgment and dismissing that count with prejudice. The trial court sustained the defendants’ demurrer, ruling that the Virginia Workers’ Compensation Act (the Act), Code §§ 65.2-100 to -1310, provided the exclusive remedy for the allegations contained in Count I of Leggett’s motion for judgment. The trial court’s order dismissing Count I was entered on October 7, 1992, and on October 15, 1992, Leggett noted her appeal from this order.

After further considering demurrers to the remaining Counts II and III, the trial court dismissed those counts in November 1992 in two additional orders. The last order in the case was entered November 25, 1992. Leggett did not file a notice of appeal from either of the two November orders.

Leggett’s motion for judgment named as defendants Earl M. Caudill, an ordained minister of the Christian Church (Disciples of Christ), the Official Board and Congregation of Springfield Christian Church (Disciples of Christ), and the Christian Church - Capital Area (Disciples of Christ). Caudill was senior pastor of the Springfield *132 Christian Church (the Springfield Church). Leggett alleged that, beginning in September 1990, and continuing during the period when she worked as associate minister for the Springfield Church, Caudill engaged in outrageous and wrongful conduct that caused her “to suffer humiliation, embarrassment, extreme mental and emotional anguish and distress.”

Leggett further alleged that she voiced her concerns regarding Caudill’s conduct to members of the Springfield Church’s Official Board on several occasions and attempted to reconcile her differences with Caudill. Unable to resolve her difficulties, she submitted her resignation to the Springfield Church. Thereafter, the Springfield Church formed a committee to investigate the circumstances leading to Leggett’s resignation and, in November 1991, released a report that failed to recommend any action against Caudill.

In April 1992, Leggett filed a formal request with the Christian Church - Capital Area (the Capital Area Church), an office of the Disciples of Christ that authorizes the ordination and certifies the standing of ministers in the geographical area where the Springfield Church is located. In her request, Leggett sought an investigation of Caudill’s fitness for the ministry. After investigating Leggett’s charges, the Capital Area Church advised Leggett that it would not withdraw or suspend Caudill’s standing as a minister.

In Count I of her motion for judgment, Leggett sought damages from Caudill and the Springfield Church, alleging that Caudill’s conduct caused her emotional distress, and that the Springfield Church knew, or should have known, that Caudill’s conduct was causing her to suffer emotional distress. In Count II, Leggett alleged that the Capital Area Church negligently failed to investigate Caudill’s fitness for the ministry prior to 1992 and negligently failed to respond to Leggett’s request for assistance. In Count III, she alleged that the Springfield Church wrongfully breached its written employment agreement with her by “constructively discharging” her.

After the trial court sustained the demurrer to Count I against Caudill and the Springfield Church, Leggett brought this appeal, arguing that the injury she alleges in Count I is not covered by the Act. Caudill and the Springfield Church argue that the appeal should be dismissed. They contend that the order of October 7, 1992, was not final but interlocutory, and thus the notice of appeal filed October 15, 1992, was premature. They further argue that, although Leggett could have appealed the trial court’s dismissal of Count I after a final order had been entered by the trial court on November 25, 1992, by filing a notice of appeal, she did not do so within 30 days after entry of that order, as required by Rule 5:9(a).

*133 Initially, we hold that, as it pertained to the Springfield Church, the order of October 7, 1992, was interlocutory in nature, not final. A final order is one that “terminates the suit or definitely determines the rights of the parties, and leaves nothing further to be done by the court in the cause, though it may still enter such decrees and orders as may be necessary to carry the decree into execution.” Lee v. Lee, 142 Va. 244, 250, 128 S.E. 524, 526 (1925). In contrast, the October 7, 1992 order left something further to be done as to the Springfield Church, because Count III remained pending against it.

In addition, the trial court expressly stated in the October 7, 1992 order that its jurisdiction as to Count III was continued. In the absence of a special statutory provision to the contrary, the jurisdiction of the trial court must cease before the jurisdiction of the appellate court accrues. Allison v. Wood, 104 Va. 765, 768, 52 S.E. 559, 560 (1906). Further, as this Court stated in Lee, “[a]s to any party remaining in the court, [an order] can, in the nature of things, be only interlocutory.” Lee, 142 Va. at 252, 128 S.E. at 527; see Dearing v. Walter, 175 Va. 555, 561, 9 S.E.2d 336, 338 (1940).

We also hold that the appeal of Count I was premature as to Caudill. Although, as a result of this order, Caudill ceased to be a party defendant to the action, this Court has held that “in the absence of a statutory provision to the contrary, a judgment is not final for purposes of appeal if it is rendered with regard to some but not all of the parties involved in the case.” Wells v. Whitaker, 207 Va. 616, 628, 151 S.E.2d 422, 432 (1966); see also Wells v. Jackson, 17 Va. (3 Munf.) 458, 459 (1814).

This Court has recognized an exception to this general rule in Bowles v. Richmond, 147 Va. 720, 129 S.E. 489 (1925), aff’d on reh ’g, 147 Va. 729, 133 S.E. 593 (1926), and in Hinchey v. Ogden, 226 Va. 234, 307 S.E.2d 891 (1983). In Bowles, the plaintiff sued the City and a railroad for their negligent failure to safeguard an approach to a bridge. On the City’s demurrer, the action of the plaintiff was dismissed as to the City, while the action remained pending as to the railroad. The demurrer was based on the ground that the plaintiff had not given written notice to the City Attorney, as required by the City Charter. Bowles, 147 Va. at 723-24, 129 S.E. at 489.

This Court held that the order sustaining the demurrer was final, because there was “no joint interest between the defendants in the matters decided by the circuit court [i.e.,

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Bluebook (online)
439 S.E.2d 350, 247 Va. 130, 10 Va. Law Rep. 771, 1994 Va. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leggett-v-caudill-va-1994.