Citizens Bank & Trust Co. v. Crewe Factory Sales Corp.
| Decision Date | 03 October 1997 |
| Docket Number | No. 970223,970223 |
| Parties | CITIZENS BANK & TRUST COMPANY, Appellant, v. CREWE FACTORY SALES CORP., Appellee. Record |
| Court | Virginia Supreme Court |
Upon consideration of the record, briefs, oral argument of counsel on the merits of the appeal, and written responses of counsel to the Court's query raising a procedural issue, the Court is of opinion that the appeal was improvidently awarded.
Three days after entry of the judgment appealed from, appellant's counsel forwarded to appellee's counsel a check in the full amount of the judgment. This check was sent voluntarily before any proceedings were instituted to execute on the judgment. It was forwarded, according to appellant's opening brief, "in satisfaction of the trial court's judgment."
Voluntary payment of a judgment deprives the payor of the right of appeal. Carlucci v. Duck's Real Estate, Inc., 220 Va. 164, 166, 257 S.E.2d 763, 765 (1979).
Accordingly, the appeal is dismissed.
This order shall be certified to the said circuit court and shall be published in the Virginia Reports.
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...To be sure, "the voluntary payment of a judgment deprives the payor of the right of appeal." Citizens Bank & Tr. Co. v. Crewe Factory Sales Corp. , 254 Va. 355, 355, 492 S.E.2d 826 (1997) ; see also Carlucci v. Duck’s Real Estate, Inc. , 220 Va. 164, 166, 257 S.E.2d 763 (1979). Why? Because......
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...drawn a bright line: "Voluntary payment of a judgment deprives the payor of the right of appeal." Citizens Bank & Tr. Co. v. Crewe Factory Sales Corp. , 254 Va. 355, 355, 492 S.E.2d 826 (1997) (citing Carlucci v. Duck's Real Est., Inc. , 220 Va. 164, 166, 257 S.E.2d 763 (1979) ). The antony......
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