SCV: Sanctions order after 21-day period void

The high court voided a sanctions order entered more than 21 days after the circuit court’s final order granting the defendant’s demurrer and dismissing the complaint.

Appellant Timothy M. Barrett filed a complaint against Appellee Valerie Jill Rhudy Minor challenging certain custody orders. Minor filed a demurrer and motion for sanctions. On April 14, 2016 the trial court entered a final order granting Minor’s demurrer and dismissed the complaint with prejudice. The final order noted that it would hear arguments on the motion for sanctions on July 6, 2016. No other order was entered within 21 days after April 14. On November 2, 2016, the trial court entered an order granting Minor’s motion for sanctions.

Pursuant to Rule 1:1, the jurisdiction of circuit courts expires 21 days after entry the final order in any action. Thus, the trial court’s November 2 order is a nullity and void ab initio because it was entered more than 21 days after entry of its April 14 final order. Accordingly, this court vacates the circuit court’s order granting sanctions in this case.

Final judgment entered for Barrett.

Barrett v. Minor, Record No. 170022, Feb. 8, 2018; Va.; Bristol Cir. Ct. VLW 018-6-002, 2 pp.