2.19 Appeals of Interlocutory Decrees and Injunctions

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

2.19 APPEALS OF INTERLOCUTORY DECREES AND INJUNCTIONS

2.1901 In General. Under Va. Code § 8.01-670(B), an interlocutory decree may be appealed in certain cases involving equitable claims. An interlocutory decree is defined as a decree that is not determinative of the controversy but is necessary for a suitable adjudication on the merits. An interlocutory decree or order may be appealed only when it involves:

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1.	Granting, dissolving, or denying an injunction;
2.	Requiring money to be paid or the possession or title of property to be changed; or
3.	Adjudicating the principles of a cause.

An appeal of an interlocutory decree involving one of these matters will be treated in the same manner as an appeal of a final decree. Whether to characterize a decree as interlocutory or final for purposes of appeal has always presented a dilemma. If the decree is not final and does not fall into any of the categories of interlocutory decrees in Va. Code § 8.01-670(B), an appeal will be rejected.

A decree or order adjudicating the principles of a cause may be defined as a decree or order in which the adjudicated principles would affect the subject matter of litigation and the rules by which the rights of the parties to the suit are to be determined. In Thrasher v. Lustig, ⁵⁸⁷ the denial of a special plea alleging that an administrator was not the real party in interest and seeking joinder of another party was not an adjudication of the principle of the cause and not appealable. Thrasher demonstrates the difficulty of showing that the principles of a cause have been adjudicated.

Sovran Bank, N.A. v. Creative Industries, Inc. ⁵⁸⁸ dealt with a chancellor's decree directing that possession of real estate be made over to a lessee. Because the decree required "possession or title of property to be changed," it was an appealable interlocutory decree under Va. Code § 8.01-670(B).

2.1902 Injunctions.

A. Virginia Code. When "a circuit court (i) grants an injunction or (ii) refuses an injunction or (iii) having granted an injunction, dissolves or refuses to enlarge it," Va. Code § 8.01-626 allows "an aggrieved party" to "present a petition for review to a justice of the Supreme Court" (or to a judge of the Court of Appeals, "if the issue concerning the injunction arose in a case over which the Court of Appeals would have appellate jurisdiction under § 17.1-405 or § 17.1-406"). The statute requires that the petition "be accompanied by a copy of the proceedings, including the original papers and the

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court's order respecting the injunction"; but the Supreme Court has effectively modified the "original papers" requirement by...