Legal Opinion
Burkholder v. McGraw
Roanoke County Circuit Court
Decided December 31, 2003No. Case No. CH03000393PublishedCited by 1 opinion
1Opinion of the Court
By Judge Clifford r. Weckstein
Ethel T. Burkholder seeks, and is entitled to, an order compelling the clerk to treat a lawsuit as duly instituted and pending on the court’s docket since the date and time the clerk marked her motion for judgment “received & filed.”
Ms. Burkholder and the clerk agree that these are the relevant facts.
The plaintiff, Ms. Burkholder, had retained counsel to pursue a claim for personal injuries. On January 6,2003, the last day before her suit would have been barred by the statute of limitations of Virginia Code § 8.01-243, an employee of Ms. Burkholder’s lawyers…
2Cases cited16 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- McClellon v. Lone Star Gas Co.Court of Appeals for the Fifth Circuit · 1995
- McManama v. PlunkSupreme Court of Virginia · 1995
- Board of Supervisors v. CombsSupreme Court of Virginia · 1933
- WTAR Radio-TV Corp. v. City Council of Virginia BeachSupreme Court of Virginia · 1976
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lockett v. DavisRoanoke County Circuit Court · 2014