Legal Opinion
Avery v. Virginia Retirement System
Court of Appeals of Virginia
Decided November 9, 1999No. Record 2325-98-4PublishedCited by 3 opinions
1Opinion of the Court
BENTON, Judge.
This appeal arises under the Administrative Process Act. Linda K. Avery contends the trial judge erred in denying her application for an award of attorney fees pursuant to Code § 9-6.14:21. As an additional issue, see Rule 5A:21, the Virginia Retirement System contends the circuit court “lacked subject matter jurisdiction to hear this case.” For the reasons that follow, we hold that the circuit court had subject matter jurisdiction and that the trial judge erred in denying Avery’s application for attorney fees.
I
The record establishes that on April 1, 1995, Linda K. Avery, an…
2Cases cited14 opinions
- Malland v. Department of Retirement SystemsWashington Supreme Court · 1985
- Harley G. Dotson, Jr. v. Richard S. Schweiker, Secretary of Health and Human Services, United States of AmericaCourt of Appeals for the Fourth Circuit · 1984
- Earley v. LandsidleSupreme Court of Virginia · 1999
- RF & P CORP. v. LittleSupreme Court of Virginia · 1994
- Wilson v. CommonwealthCourt of Appeals of Virginia · 1993
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3Cited by3 opinions
- Virginia Retirement System v. AverySupreme Court of Virginia · 2001
- Avery v. Virginia Retirement SystemCourt of Appeals of Virginia · 2000
- Avery v. Virginia Retirement SystemCourt of Appeals of Virginia · 2000