Appeals – Appealed dismissed because of failure to timely post bond

Where a party that lost in the district court failed to post the appeal bond within 30 days from the date of judgment, the circuit court did not err when it dismissed the appeal for lack of jurisdiction.

 Background                              

Virginia Truck Center of Richmond Inc., or VTC, filed a warrant in debt in the district court to recover unpaid repair costs and storage fees from Goldenleaf Logistics LLC. On Dec. 10, 2024, the district court awarded VTC $25,000 in damages and $10,562 in attorney’s fees and costs.

On Dec. 19, 2024, Goldenleaf timely noted an appeal to the circuit court. That same day, the district court set the appeal bond at $50,000. Goldenleaf moved to reduce the amount of the bond, which the circuit court denied.

 On Jan. 10, 2025, Goldenleaf paid the appeal bond and writ tax—31 days after the district court’s judgment. VTC moved the circuit court to dismiss Goldenleaf’s appeal because the appeal bond was not paid within 30 days from the date of judgment, as required under Code § 16.1-107.2 As such, VTC argued that the circuit court lacked jurisdiction because Goldenleaf had failed to timely perfect the appeal.

In response, Goldenleaf proffered that it had discussed payment of the appeal bond with the court clerk on Jan. 9, 2025, but the clerk’s office could not accept funds by wire transfer. That same day, Goldenleaf wired the funds to a bank branch in Greensboro, North Carolina, and enlisted a courier to deliver the check.

A winter storm delayed the courier, and he arrived after the clerk’s office had closed. Goldenleaf claimed that the courier would have arrived on time if not for the weather-related delay. Goldenleaf also argued that it did not have 30 days to perfect its appeal because the district court set the appeal bond nine days after the judgment. Goldenleaf asked the circuit court to find its appeal perfected.

The circuit court held that Goldenleaf failed to timely perfect the appeal. The circuit court also held that Goldenleaf was not entitled to relief under Code § 16.1-114.1, because the district court setting the appeal bond nine days after judgment was not an irregularity or omission in the proceedings. Accordingly, the circuit court held that it lacked jurisdiction over the appeal and dismissed it with prejudice.

Analysis

Failure to file an appeal bond within 30 days from the entry of the final judgment “constitutes a jurisdictional defect which cannot be corrected after the expiration of the time within which an appeal may be taken.”

The circuit court has limited statutory authority to correct defects in the appeal process. “No warrant, motion or other pleading shall be dismissed by reason of a mere defect, irregularity or omission in the proceedings in the district court.” In that circumstance, “the court of record shall retain the same, with full power to direct all necessary amendments, to enter orders and direct proceedings to correct such defects, irregularities and omissions, to promote substantial justice to all parties.”

Goldenleaf acknowledges that it failed to remit the appeal bond within 30 days of the district court’s judgment, but it argues that the district court’s failure to set an appeal bond on the day of its judgment was a curable defect that permitted the circuit court to acquire jurisdiction over its appeal. However, “the appealing party has the burden of perfecting his appeal.”

Indeed, the Supreme Court of Virginia has held that the “burden [is] on the party applying for the appeal to ask for and to have the district court set the bond and approve the surety.” The onus was on Goldenleaf to ask the district court to set the appeal bond. Accordingly, any delay in the setting of the appeal bond after the date of judgment was caused by Goldenleaf’s failure to ask the district court to set the bond. As a result, the district court setting an appeal bond nine days after judgment is not a “defect” under Code § 16.1-114.1 that excused Goldenleaf’s non-payment of the bond within 30 days of the district court’s judgment.

Affirmed.

Goldenleaf Logistics, LLC v. Virginia Truck Center of Richmond, Inc., d/b/a Excel Truck Group, Record No. 0832-25-3, March 31, 2026. CAV (unpublished opinion) (per curiam). From the Circuit Court of Botetourt County (Branscom). (Lenard Myers, II; Fortress Proprietas, P.C., on brief), for appellant. (Justin E. Simmons; Elaine D. McCafferty; Woods Rogers Vandeventer Black PLC, on brief), for appellee. VLW 026-7-123. 4 pp.

Full-Text Opinion

VLW 026-7-123
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