DeNovo: A Virginia Appellate Law Blog

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At the VBA’s summer meeting last month, Judges Ortiz and Martin presented their annual review of civil decisions from the Supreme Court of Virginia. Judge Ortiz shared a few eye-opening statistics:

  • In 2022, the CAV heard 553 civil appeals
  • Through the first six months of 2023, the CAV heard 392 civil appeals
  • In 2022, SCOVA

The Court of Appeals handed down Theologis v. Weiler today, a fun opinion in a defamation and business-conspiracy case. The whole opinion is highly recommended. Summary below, but here are the points of greatest interest to appellate practitioners:

  • Right Result/Different Reason. The Court can affirm a judgment sustaining a demurrer only on a ground raised

Rule 5A:8(c)’s written statement of facts is one of the absolute nightmares of Virginia appellate practice.

The underlying notion seems simple enough: If an important hearing or trial took place but there’s no transcript, the appellate court needs something to review; otherwise, it’s just going to affirm, because the trial court’s judgment is presumptively correct.