Deck 8 Flashcards
Can a lien on a property held by tenancy by the entirety be subject to claims of creditors?
Property held this is immune from claims of creditors of just one spouse until divorce
Is there a minimum amount to appeal a case from GDC to CC and if so, how much?
Yes, the minimum for cases to be appealed from GDC to CC is $20
What is the process for D to appeal?
Written notice to GDC within 10 days. If D is appealing, they must furnish an appeal bond
What is the procedure to appeal from CC to CoA?
Appellant must file notice of appeal within 30 days of final order
What and when must an appellant do after final order?
Appellant must file statement of facts and transcript within 60 days of entry of final order
When must an opening brief be filed?
Opening brief of appellant must be filed within 40 days
When must appellee’s brief be filed?
Appellee’s brief filed within 25 days of appellant’s brief
When must reply brief be filed?
In CoA, within 14 days
What is the jurisdiction of the SCVA?
Appeals by petition, final orders of SCC and attorney disciplinary board
Is there a minimum amount of controversy for SCVA?
Yes, the minimum amount in controversy is $500
What is the deadline if appealing a trial court order?
The deadline is 90 days after entry of order
What is the deadline if appealing a CoA order?
The deadline is 30 days after entry of judgment
When must an appellant file an opening brief in SCVA?
Within 40 days after the certificate of appeal was issued
What is an action in detinue?
To recover specific personal property unlawfully withheld an damages
What are the elements for an action in detinue?
P has a right to property, P has a right to immediately possession, property can be identified and has value, D is in possession of property
How does P petition the court for pretrial seizure of property?
Petition can be ex parte, describe the property, P’s claim, alleged facts supporting attachment, and P must post a bond
What is a claim in distress?
Claim by a landlord to recover rent by proceeding against tenant’s personal property (exclusive jurisdiction in GDC, 5 years SOL)
What is a partition proceeding?
2 or more owners disagree about the use of property and one seeks to divide it fairly (if convenient) or sell and divide the proceeds (jurisdiction CC)
What is an ejectment?
Remedy at law to determine title to land; jurisdiction in CC only; P must prove right to possess; can seek a writ of eviction to recover possession and damages
What is an unlawful detainer?
Remedy at law to determine right to possession (not title); GDC & CC if possession was OG lawful, P must make written demand before filing suit
When does P file suit under VTCA?
Sooner of when claim denied or 6 months after giving notice but no later than 18 months or within 2 years after the C/A accrued
Is there a cap on damages under VTCA?
Cap is greater of 100k or insurance coverage - no punitive damages allowed
Medical malpractice review panels
May be requested within 30 days of D’s response; opinion of panel is admissible but not conclusive
What does a writ of mandamus do?
Compels a public official to perform a ministerial duty imposed by law; must be no adequate remedy at law; initiated by petition under oath stating grounds; jurisdiction in CC; GDC only for FOIA
What does a writ of prohibition do?
Prohibits public official from exceeding authority - same as mandamus
What does a writ of quo warranto do?
Determines whether D holds public office; initiated by AG or any other interested person
What is a declaratory judgment?
Judicial determination of rights and duties; not a preferred method of proceeding if c/a has matured
What can an owner do when govt has taken property without proper condemnation proceedings?
Owner can use declaratory judgment to determine if there was a taking without just compensation
How many additional days does a party have if they were served by mail?
Three additional days if served by mail
