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CITIZENS BANK & TRUST CO., Appellant, against CREWE FACTORY SALES CORP., Appellee


CITIZENS BANK &
TRUST CO., Appellant,

against

CREWE FACTORY SALES
CORP., Appellee.


Citizens Bank & Trust v. Crewe Factory Sales

254 Va. 355 (1997)

Record No. 970223

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.

Citizens Bank & Trust Company, Appellant,

against

Crewe Factory Sales Corp., Appellee.

Circuit Court No. CL96-7

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


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

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