Avery v. Virginia Retirement System

I respectfully dissent because I conclude the trial court lacked active jurisdiction to hear the appeal. The Virginia Retirement System demurred to the petition for appeal and stated, “without proper service of process this Court has no jurisdiction.” That raised the issue that the parties briefed and argued to this Court en banc: Is delivery of process by Federal Express service of process?

Avery never served process on the agency. She mailed a copy of the petition for appeal. After the demurrer raised the issue of lack of service, she had process issued but had it delivered by Federal…