Avery v. Virginia Retirement System

BENTON, Judge.

This appeal arises under the Administrative Process Act from the trial judge’s order remanding to the Virginia Retirement System a case decision for the purpose of awarding relief to Linda K. Avery. A panel of this Court held that the trial judge erred in denying Avery’s application for attorney fees. In response to the Retirement System’s cross-appeal, contending that “the circuit court did [not] have subject matter jurisdiction” over the controversy, the panel held that the circuit court had subject matter jurisdiction. See Avery v. Virginia Retirement System, 31 Va.App. 1, 3,…