Roberts v. Clarke

Supreme Court of Virginia

Roberts v. Clarke

34 Va. Cir. 61, 1994 Va. LEXIS 300

CourtSupreme Court of Virginia

DecidedMay 6, 1994

DocketSupreme Court Case No. 930781; Circuit Court Case No. LT-460-2/92-1592

StatusPublished

This text of 34 Va. Cir. 61 (Roberts v. Clarke) 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

Roberts v. Clarke, 34 Va. Cir. 61, 1994 Va. LEXIS 300 (Va. 1994).

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Opinion

PER CURIAM

Upon an appeal from a judgment rendered by the Circuit Court of the City of Richmond on the 4th day of March, 1993, upon consideration of the record, the briefs, and the argument of counsel, the Court is of the opinion that the judgment appealed from, which imposed sanctions against the appellant, is erroneous.

Pursuant to Rule 1:1, a final judgment remains under the control of a trial court for only twenty-one days unless the judgment is modified, vacated, or suspended during the twenty-one-day period. Smith v. Stanaway, 242 Va. 286, 289, 410 S.E.2d 610, 612 (1991); Murray v. Hadid, 238 Va. 722, 733, 385 S.E.2d 898, 905 (1989). In the present case, the trial court entered a final judgment on May 13, 1991, sustaining Clarke’s demurrer and dismissing Griffith’s action against Clarke. The trial court did not modify, vacate, or suspend the May 13, 1991, order during the twenty-one-day period following its entry. Therefore, the trial court, was without jurisdiction to enter the March 4, 1993, order imposing sanctions against the appellant.

Accordingly, the judgment appealed from is reversed and vacated, and final judgment is hereby entered in favor of the appellant. The appellee shall pay to the appellant the costs expended in the said circuit court. This order shall be certified to the said circuit court.

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PER CURIAM

Upon an appeal from a judgment rendered by the Circuit Court of the City of Richmond on the 4th day of March, 1993, upon consideration of the record, the briefs, and the argument of counsel, the Court is of the opinion that the judgment appealed from, which imposed sanctions against the appellant, is erroneous.

Pursuant to Rule 1:1, a final judgment remains under the control of a trial court for only twenty-one days unless the judgment is modified, vacated, or suspended during the twenty-one-day period. Smith v. Stanaway, 242 Va. 286, 289, 410 S.E.2d 610, 612 (1991); Murray v. Hadid, 238 Va. 722, 733, 385 S.E.2d 898, 905 (1989). In the present case, the trial court entered a final judgment on May 13, 1991, sustaining Clarke’s demurrer and dismissing Griffith’s action against Clarke. The trial court did not modify, vacate, or suspend the May 13, 1991, order during the twenty-one-day period following its entry. Therefore, the trial court, was without jurisdiction to enter the March 4, 1993, order imposing sanctions against the appellant.

Accordingly, the judgment appealed from is reversed and vacated, and final judgment is hereby entered in favor of the appellant. The appellee shall pay to the appellant the costs expended in the said circuit court. This order shall be certified to the said circuit court.

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Bluebook (online)

34 Va. Cir. 61, 1994 Va. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-clarke-va-1994.

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