Legal Opinion · Dissent

Mahoney v. Mahoney

Court of Appeals of Virginia

Decided April 4, 2000No. Record No. 2949-98-4Published

1DissentAnnunziata, Judge

I respectfully dissent from the majority’s opinion in this case that Code § 16.1-296(H) is subject to the bifurcated reading which they give it. Accordingly, I would affirm the decision of the circuit court and find that an appellant cannot challenge the jurisdiction of the court which adjudicated arrearages without posting the bond required by Code § 16.1— 296(H).

Code § 16.1-296(H) provides, in pertinent part:

No appeal bond shall be required of a party appealing from an order of a juvenile and domestic relations district court except for that portion of any order or judgment establishing a…

2Cases cited12 opinions

  1. Addison v. SalyerSupreme Court of Virginia · 1946
  2. Ragan v. Woodcroft Village ApartmentsSupreme Court of Virginia · 1998
  3. Linda Patrice Hailey v. William B. Dorsey, Sheriff of the City of WilliamsburgCourt of Appeals for the Fourth Circuit · 1978
  4. Gravely v. DeedsSupreme Court of Virginia · 1946
  5. Evans v. TaylorWest Virginia Supreme Court · 1886

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