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2017 SESSION
17101703DBe it enacted by the General Assembly of Virginia:
1. That §§ 8.01-671 and 12.1-239 of the Code of Virginia are amended and reenacted as follows:
§ 8.01-671. Time within which petition must be presented.
A. In cases where an appeal is permitted from the trial court
to the Supreme Court, no petition shall be presented for an appeal to the
Supreme Court from any final judgment whether the Commonwealth be a party or
not, (i) which shall have been rendered more than
three months 90 days
before the petition is presented, provided,
that in criminal cases, a thirty-day 30-day
extension may be granted, in the discretion of the court, in order to attain
the ends of justice, or (ii) if it be an appeal from a final decree refusing a
bill of review to a decree rendered more than
four months 120 days
prior thereto, unless the petition is presented within three
months 90 days
from the date of such decree.
B. When an appeal from an interlocutory decree or order is permitted, the petition for appeal shall be presented within the appropriate time limitation set forth in subsection A hereof.
C. No appeal to the Supreme Court from a decision of the Court
of Appeals shall be granted unless a petition for appeal is filed within thirty 30 days after the date of the
decision appealed from.
§ 12.1-39. Appeals generally.
The Commonwealth, any party in interest, or any party
aggrieved by any final finding, decision settling the substantive law, order,
or judgment of the Commission shall have, of right, an appeal to the Supreme
Court irrespective of the amount involved; provided, however, that the petition
for such appeal shall be filed with the Clerk of the Supreme Court within four months 120 days from the final
judgment or finding of the State Corporation Commission; and provided further
that an appeal bond is filed pursuant to § 8.01-676.1.
No other court of the Commonwealth shall have jurisdiction to review, reverse, correct, or annul any action of the Commission or to enjoin or restrain it in the performance of its official duties; provided, however, that the writs of mandamus and prohibition shall lie from the Supreme Court to the Commission.
The Commission shall, whenever an appeal is taken therefrom, file in the record of the case a statement of the reasons upon which the action appealed from was based.