From Casetext: Smarter Legal Research

Citizens Bank Trust v. Crewe Factory Sales

Supreme Court of Virginia
Oct 3, 1997
254 Va. 355 (Va. 1997)

Opinion

Record No. 970223

October 3, 1997


Upon an appeal from a judgment rendered by the Circuit Court of Nottoway County on the 5th day of November, 1996.

In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond, on Friday, the 3rd day of October, 1997.

Upon consideration of the record, briefs, oral argument of counsel on the merits of the appeal, and written responses of counsel to the Court's query raising a procedural issue, the Court is of opinion that the appeal was improvidently awarded.

Three days after entry of the judgment appealed from, appellant's counsel forwarded to appellee's counsel a check in the full amount of the judgment. This check was sent voluntarily before any proceedings were instituted to execute on the judgment. It was forwarded, according to appellant's opening brief, "in satisfaction of the trial court's judgment."

Voluntary payment of a judgment deprives the payor of the right of appeal. Carlucci v. Duck's Real Estate, Inc., 220 Va. 164, 166, 257 S.E.2d 763, 765 (1979).

Accordingly, the appeal is dismissed.

This order shall be certified to the said circuit court and shall be published in the Virginia Reports.

A Copy,

Teste:

David B. Beach, Clerk


Summaries of

Citizens Bank Trust v. Crewe Factory Sales

Supreme Court of Virginia
Oct 3, 1997
254 Va. 355 (Va. 1997)
Case details for

Citizens Bank Trust v. Crewe Factory Sales

Case Details

Full title:CITIZENS BANK TRUST COMPANY, v. CREWE FACTORY SALES CORP

Court:Supreme Court of Virginia

Date published: Oct 3, 1997

Citations

254 Va. 355 (Va. 1997)
492 S.E.2d 826

Citing Cases

Vivirito v. Vivirito

"Voluntary payment of a judgment deprives the payor of the right of appeal." Sheehy v. Williams, 299 Va.…

Stephenson v. Musgrave

"Voluntary payment of a judgment deprives the payor of the right of appeal." Citizens Bank and Trust Co. v.…