Super Fresh Food Markets v. Ruffin

• Decision Date: 19 April 2002
• Docket Number: Record No. 011230.
• Citation: 263 Va. 555,561 S.E.2d 734
• Court: Virginia Supreme Court
• Parties: SUPER FRESH FOOD MARKETS OF VIRGINIA, INC. et al. v. Racquel RUFFIN.

561 S.E.2d 734

263 Va. 555

SUPER FRESH FOOD MARKETS OF VIRGINIA, INC. et al. v. Racquel RUFFIN.

Record No. 011230.

Supreme Court of Virginia.

April 19, 2002.

Temple W. Cabell (D. Hayden Fisher; Schaffer & Cabell, on briefs), for appellants.

Deborah S. Samley, for appellee.

Present: All the Justices.

Opinion by Justice LAWRENCE L. KOONTZ, JR.

This appeal involves our consideration of the requirements of Rule 1:1 to extend the time within which a final judgment remains under the control of the trial court. In addressing those requirements, we take the opportunity to resolve any difference in interpretation that may exist among the trial bench and bar regarding what is required under this rule to forestall the finality of a judgment entered by a trial court.

BACKGROUND

Because we are concerned with the procedural posture of this case as a result of the application of Rule 1:1 and Rule 5:9, a detailed recitation of the facts related to the merits of the action brought in the trial court is not necessary. Accordingly, the following summary will suffice.

On July 14, 1998, Racquel Ruffin filed a motion for judgment in the trial court against Super Fresh Food Markets of Virginia, Inc. and two of its employees (collectively, Super Fresh).¹ Ruffin alleged that while she was a customer in a Super Fresh store in Harrisonburg she was falsely accused of having shoplifted merchandise and was subjected to a pat-down search without probable cause. Contending that Super Fresh had acted without justification, Ruffin sought $150,000 in compensatory damages and $350,000 in punitive damages.

Super Fresh filed its grounds of defense to Ruffin's motion for judgment on September 11, 1998. Super Fresh asserted that it was immune from civil liability under Code § 18.2-105, which provides that a merchant who has probable cause to believe that a person has shoplifted or committed willful concealment of goods or merchandise may detain and search the person. Following the resolution of various motions, a jury trial was held in the trial court on April 21, 2000.

The jury returned its verdict for Ruffin, awarding her $10,000 in compensatory damages and $60,000 in punitive damages. Super Fresh made an oral motion to set aside the jury's verdict as contrary to the law and the evidence. Thereafter, as permitted by the trial court, Super Fresh filed a memorandum in support of its motion and therein requested the trial court to order remittitur or a new trial if its motion to set aside the verdict was denied. In a responding memorandum, Ruffin requested that the trial court "enter judgment based on the verdict rendered by the jury."

On August 23, 2000, the trial court entered an "Opinion and Order" in which it declined to order remittitur as requested by Super Fresh and "enter( ed] judgment consistent with that returned by the jury." On August 31, 2000, Super Fresh filed a motion seeking reconsideration of the August 23, 2000 order, contending that the trial court had failed to address Super Fresh's assertion that Code § 18.2-105 provided it with immunity. Super Fresh further contended that oral argument on the motion had been scheduled for October 11, 2000 and requested that the court enter an order "retaining jurisdiction of this action" until the motion for reconsideration was ruled upon. Ruffin opposed the motion for reconsideration, contending that the August 23, 2000 order "entering judgment in this case ... should be allowed to stand." On September 12, 2000, the trial court entered an order stating that "this court shall retain jurisdiction over this action until such time as this court may consider and rule on" Super Fresh's motion for reconsideration.

On October 20, 2000, without receiving additional oral argument, the trial court advised counsel by letter that it would deny Super Fresh's motion for reconsideration and directed Ruffin's counsel to prepare an order to that effect.² On March 26, 2001, the trial court entered an order, styled as a "Final Order," overruling Super Fresh's motion for reconsideration and entering judgment for Ruffin. On April 21, 2001, Super Fresh filed a notice of appeal "from the final judgment entered by [the trial court] on March 26, 2001." On May 31, 2001, Super Fresh filed a petition for appeal in this Court. On June 21, 2001, Ruffin filed a brief in opposition to Super Fresh's petition for appeal. In addition, Ruffin filed a motion to dismiss asserting that this Court lacked jurisdiction to consider Super Fresh's appeal because Super Fresh had not filed a timely notice of appeal in accord with Rule 5:9. Ruffin contended that the August 23, 2000 order was a final judgment order and that the September 12, 2000 order had not modified, vacated, or suspended the prior order in accord with Rule 1:1.

Super Fresh filed a brief responding to Ruffin's motion to dismiss on July 2, 2001. Distinguishing Lyle v. Ekleberry, 209 Va. 349, 350-51, 164 S.E.2d 586, 587 (1968), Super Fresh contended that the September 12, 2000 order suspended the judgment entered August 23, 2000 because the order expressly stated that the trial court was retaining jurisdiction. We awarded Super Fresh an appeal and directed the parties to address the issue raised in Ruffin's motion to dismiss on brief and in oral argument.

DISCUSSION

As previously noted, the premise of Ruffin's motion to dismiss is that Super Fresh failed to file a timely notice of appeal pursuant to the provisions of Rule 5:9. In pertinent part, Rule 5:9 provides that "[n]o appeal shall be allowed unless, within 30 days after the entry of final judgment ... counsel for the appellant files with the clerk of the trial court a notice of appeal." To determine the timeliness of a notice of appeal from a final judgment, obviously it is first necessary to determine the date of the action of the trial court that constitutes the final judgment.

In general terms, a final judgment is one which disposes of the entire action and leaves nothing to be done except the ministerial superintendence of execution of the judgment. Daniels v. Truck Equipment Corp., 205 Va. 579, 585, 139 S.E.2d 31, 35 (1964). However, under Rule 1:1, "final judgments... remain under the control of the trial court and subject to be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer."

The running of the twenty-one day time period prescribed by Rule 1:1 may be interrupted only by the entry, within the twenty-one day time period, of an order modifying, vacating, or suspending the final judgment order. Berean Law Group, P.C. v. Cox, 259 Va. 622, 626, 528 S.E.2d 108, 111 (2000); accord Wagner v. Shird, 257 Va. 584, 587, 514 S.E.2d 613, 614-15 (1999)

. Neither the filing of post-trial or post-judgment motions, nor the trial court's taking such motions under consideration, nor the pendency of such motions on the twenty-first day after final judgment, is sufficient to toll or extend the running of the twenty-one day time period of Rule 1:1. In re Commonwealth, Department of Corrections, 222 Va. 454, 464, 281 S.E.2d 857, 863 (1981) (holding that a trial court taking a motion to set aside under advisement "did not `modify, vacate, or suspend' the judgment[ ]").

Rule 1:1 facially contemplates the existence of a final judgment that a court subsequently seeks to modify, vacate, or suspend. The rule is not applicable prior to the entry of a final judgment, and the twenty-one day time period contained in the rule does not delay the finality of a judgment. Thus, when a trial court enters an order, or decree, in which a judgment is rendered for a party, unless that order expressly provides that the court retains jurisdiction to reconsider the judgment or to address other matters still pending in the action before it, the order renders a final judgment and the twenty-one day time period prescribed by Rule 1:1 begins to run.

The distinction to be drawn between an order that renders judgment and retains jurisdiction and an order that renders judgment but does not retain jurisdiction for purposes of when the twenty-one day time period under Rule 1:1 commences to run is demonstrated in Concerned Taxpayers v. County of Brunswick 249 Va. 320, 455 S.E.2d 712 (1995). In that case, the trial court entered an order on January 3, 1994 dismissing a bill of complaint. However, that order expressly stated that the trial court "would reconsider the, Concerned Taxpayer's request to file an amended bill of complaint" and also "granted [certain respondents] leave to file `additional submissions and a Notice of Hearing upon their Motion for Sanctions within twenty-one (21) days after entry of this Order.'" Id. at 331-32, 455 S.E.2d at 718.

On February 10, 1994, the trial court entered an order denying the motion for leave to file an amended bill of complaint. That order further stated that the trial court "would `retain jurisdiction' over the . . . request for sanctions." Id. at 332, 455 S.E.2d at 718. On March 31, 1994, "the trial court entered its last order in the case, in which it granted . . . the motion for sanctions and entered judgment against Concerned Taxpayers. . . for legal expenses incurred in defending the claim." Id., 455 S.E.2d at 718-19.

On appeal, Concerned Taxpayers challenged the award of sanctions on the ground that the respondents had failed to give notice of a hearing on their motion for sanctions within twenty-one days of the January 3, 1994 order. Citing Bibber v. McCreary, 194 Va. 394, 397, 73 S.E.2d 382, 384 (1952), Concerned Taxpayers contended that when the respondents failed to fully comply with the January 3, 1994 order, that order became a final order, and the trial court's jurisdiction expired on January 24, 1994. Concerned Taxpayers, 249 Va. at 332, 455 S.E.2d at 719.

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