State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-6 > 16-1-106

§ 16.1-106. Appeals from courts not of record in civil cases.

From any order entered or judgment rendered in a court not of record in acivil case in which the matter in controversy is of greater value than fiftydollars, exclusive of interest, any attorney's fees contracted for in theinstrument, and costs, or when the case involves the constitutionality orvalidity of a statute of the Commonwealth, or of an ordinance or bylaw of amunicipal corporation, or of the enforcement of rights and privilegesconferred by the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), orof a protective order pursuant to § 19.2-152.10, there shall be an appeal ofright, if taken within ten days after such order or judgment, to a court ofrecord. Such appeal shall be to a court of record having jurisdiction withinthe territory of the court from which the appeal is taken and shall be heardde novo.

The court from which an appeal is sought may refuse to suspend the executionof a judgment which refuses, grants, modifies, or dissolves an injunction ina case brought pursuant to § 2.2-3713 of the Virginia Freedom of InformationAct. A protective order issued pursuant to § 19.2-152.10 shall remain ineffect upon petition for or the pendency of an appeal or writ of error unlessordered suspended by the judge of a circuit court or so directed in a writ ofsupersedeas by the Court of Appeals or the Supreme Court.

(1956, c. 555; 1977, c. 624; 1990, c. 217; 1997, c. 831; 2009, c. 729.)