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State court of last resort · ST-VA-SC
Spear v. Omary (ORDER)
No. 180224Supreme Court of Virginia
180224 Spear v. Omary (ORDER) 04/11/2019 Where an appeal was filed from a child support ruling of a juvenile and domestic relations (JDR) district court, but then withdrawn by the appealing husband, and the ci…
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180224 Spear v. Omary (ORDER) 04/11/2019 Where an appeal was filed from a child support ruling of a juvenile and domestic relatio…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- April 11, 2019
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180224 Spear v. Omary (ORDER) 04/11/2019 Where an appeal was filed from a child support ruling of a juvenile and domestic relations (JDR) district court, but then withdrawn by the appealing husband, and the circuit court entered an order memorializing the withdrawal but containing no remand provisions, both the circuit court and the Court of Appeals erred in concluding that the JDR court had no jurisdiction to modify the award of child support. Code § 16.1-106.1(F), by operation of law, effects an automatic remand whenever a circuit court enters an order noting the appellant's withdrawal of an appeal from the JDR court. It does not require a circuit court to expressly remand a matter to the…
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