Afify v. Simmons

In this appeal, we consider whether prior to July 1, 1997, a plaintiff who initially filed a claim in the general district court was permitted to amend the ad damnum clause of his claim to seek damages in excess of the civil jurisdictional limits of that court, Code § 16.1- 77, 2 where the defendant has elected to remove the case to circuit court under Code § 16.1-92.

On September 30, 1993, Michael David Simmons and Linda J. Young Simmons filed three warrants in detinue in the City of Virginia Beach General District Court against Mohamad A. Afify. One warrant sought recovery of property or…