[DOWNLOAD] "Ward V. Commonwealth" by Virginia Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Ward V. Commonwealth
- Author : Virginia Court of Appeals
- Release Date : January 17, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Initially, we consider the jurisdictional challenge. The Commonwealth contends that the appeal is controlled by Code § 17-116.05:5.*fn1 It asserts that the final order appealed from is not a circuit court order or decree, but is a final order of a juvenile and domestic relations district court; thus, this court is without jurisdiction. Furthermore, the case was not referred to the experimental family court by the circuit court, as required by Code § 20-96.1. Ward responds that Code § 16.1-296.1 is dispositive of the issue. That statute provides that an appeal from a juvenile and domestic relations court, designated as an experimental family court by the Judicial Council of Virginia, shall be to the Court of Appeals as provided by Code § 17-116.05:5. Section (1)(b) directs appeals from cases involving the termination of residual parental rights to the Court of Appeals. Ward argues that the Commonwealth's contention that the case had to have been filed in the Circuit Court for the City of Alexandria, then referred to the Family Court for the City of Alexandria, ignores the plain language of Code § 16.1-296.1 and imposes a strained construction on the statutes upon which it relies. We agree.