E. B. Rudiger & Sons, Inc v. Hanckel-Smith Sales Co.

On July 12, 1985, the appellant, E. B. Rudiger & Sons, Inc., was awarded an appeal from a judgment of the Circuit Court of the City of Norfolk. On August 12, 1985, the appellee, HanckelSmith Sales Company, Inc., moved to dismiss the appeal on the ground that the appellant had failed to file an appeal bond within 15 days from the date of the Certificate of Appeal, as required by the Certificate and Code § 8.01-676.1(B). On August 16, 1985, the appellant filed the appeal bond.

In a response to the motion to dismiss, the appellant alleges that Rule 5:31 (now Rule 5:24) permits an appellant to…