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No appellate review without transcript

Virginia Lawyers Weekly//June 5, 2023

No appellate review without transcript

Virginia Lawyers Weekly//June 5, 2023

Appellant’s assignment of errors cannot be reviewed because she did not file a transcript or a written statement of facts.

Discussion

The trial court dismissed appellant Das’ automobile negligence complaint with prejudice.

“Das argues the circuit court erred in granting Wang’s [appellee’s] motion to strike Das’ expert evidence and denying Das’ motion for a continuance.

“Das also challenges Wang’s actions during discovery. Das contends the circuit court erred in not providing disability accommodation and challenges the circuit court’s jury instructions.

“Das further alleges that the circuit court erred by failing to admit deposition testimony into evidence.”

None of these issues can be reviewed. Das did not file transcripts or written statements of fact for the proceedings.

“If an appellant ‘’fails to ensure that the record contains transcripts or a written statement of facts necessary to permit resolution of appellate issues, any assignments of error affected by such omission shall not be considered.’ Rule 5A:8(b)(4)(ii)[.]”

Affirmed.

Das v. Wang, et al., Record No. 1704-22-4, May 23, 2023. CAV (unpublished opinion) (per curiam). From the Circuit Court of Arlington County (DiMatteo). Sujata Das, pro se. (John D. McGavin; William W. Miller for appellee Yanzhe Wang. Bruce A. Levine for appellee Metropolitan Property and Casualty Insurance Company. VLW 023-7-181, 5 pp.

VLW 023-7-181

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