Va. Marine Res. Comm'n v. Chincoteague Inn, Record No. 0086–12–1.

Decision Date18 September 2012
Docket NumberRecord No. 0086–12–1.
Citation60 Va.App. 719,732 S.E.2d 45
CourtVirginia Court of Appeals
PartiesVIRGINIA MARINE RESOURCES COMMISSION, Appellant, v. CHINCOTEAGUE INN and Raymond Britton, Appellees.

OPINION TEXT STARTS HEREBefore Chief Judge FELTON, Judges ELDER, FRANK, HUMPHREYS, KELSEY, PETTY, BEALES, ALSTON, McCULLOUGH, HUFF and CHAFIN.

Upon a Petition for Rehearing En Banc

On August 27, 2012 came the appellees, by counsel, and filed a petition requesting that the Court set aside the judgment rendered herein on August 14, 2012, and grant a rehearing en banc on the issue(s) raised in the petition.

On consideration whereof, the petition for rehearing en banc is granted with regard to the issue(s) raised therein, the mandate entered herein on August 14, 2012 is stayed pending the decision of the Court en banc, and the appeal is reinstated on the docket of this Court.

The parties shall file briefs in compliance with Rule 5A:35(b). The appellant shall attach as an addendum to the opening brief upon rehearing en banc a copy of the opinion previously rendered by the Court in this matter. It is further ordered that the appellees shall file twelve additional copies of the appendix previously filed in this case. In addition, any party represented by counsel shall file twelve electronic copies of their brief (and the appendix, if the party filing the appendix is represented by counsel) with the clerk of this Court. The electronic copies must be filed on twelve separate CDs or DVDs and must be filed in Adobe Acrobat Portable Document Format (PDF).1

1. The guidelines for the creation and submission of a digital brief package can be found at www. courts. state. va. us, in the Court of Appeals section under “Resources and Reference Materials.”

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2 cases
  • Va. Marine Res. Comm'n v. Inn
    • United States
    • Virginia Supreme Court
    • 17 Abril 2014
    ...granted the Inn's petition for a rehearing en banc and stayed the panel decision's mandate. Virginia Marine Res. Comm'n v. Chincoteague Inn, 60 Va.App. 719, 720, 732 S.E.2d 45, 46 (2012) (en banc). In its en banc opinion, the Court of Appeals observed that the Commission conceded the issue ......
  • Va. Marine Res. Comm'n v. Chincoteague Inn, Record No. 0086–12–1.
    • United States
    • Virginia Court of Appeals
    • 8 Enero 2013
    ...of the vessel. By order dated September 18, 2012, we granted the Inn's petition for rehearing en banc. Va. Marine Res. Comm'n v. Chincoteague Inn, 60 Va.App. 719, 732 S.E.2d 45 (2012). Upon rehearing en banc, we hold that the circuit court did not err in holding that VMRC lacked jurisdictio......

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