Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Appeal dismissed without prejudice after party’s death

Appeal dismissed without prejudice after party’s death

Where the trial court found for plaintiff but did not issue an order reflecting its ruling and judgment against all defendants until after one of them died, the order was not a final order because it entered a judgment against a deceased party.

Without a final order, this court cannot exercise appellate jurisdiction. The remaining defendants’ appeals are dismissed without prejudice and the case is remanded for entry of a final order substituting the executor of the deceased defendant’s estate as a party.

Ehrhardt, et al. v. SustainedMED, LLC. Record No. 181003 (Order) Nov. 27, 2019. (Fairfax Cir. Ct.) Jerome Charles Baker,Norman Allan Thomas for Appellant, Gary Howard Nunes, Richard Dean Holzheimer Jr., Robert William Loftin, Anastasia Poushkareva Cordova for Appellee. VLW 019-6-088, 3 pp.

VLW 019-6-088

Virginia Lawyers Weekly