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2014 SESSION
14100381DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-626 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-626. When court grants or refuses injunction, justice of Supreme Court or judge of Court of Appeals may review it.
Wherein a circuit court (i) grants an injunction or (ii)
refuses an injunction or (iii) having granted an injunction, dissolves or
refuses to enlarge it, an aggrieved party may, within fifteen 15 days of the court's order,
present a petition for review to a justice of the Supreme Court; however, 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 petition for
review shall be initially presented to a judge of the Court of Appeals within fifteen 15
days of the court's order. The aggrieved party
shall serve a copy of the petition for review on
the counsel for the opposing party. The
opposing party shall have 10
days after service to submit its
opposition. The petition
for review shall be accompanied by a copy of the
proceedings, including the original papers and the court's order respecting the
injunction. The justice or judge may take such action thereon as he considers
appropriate under the circumstances of the case.
When a judge of the Court of Appeals has initially acted upon
a petition for review of an order of a circuit court respecting an injunction,
a party aggrieved by such action of the judge of the Court of Appeals may,
within fifteen 15
days of the order of the judge of the Court of Appeals, present a petition for
review of such order to a justice of the Supreme Court if the case would
otherwise be appealable to the Supreme Court in accordance with § 17.1-410. The aggrieved party shall
serve a copy of the petition for review on the counsel for the opposing party.
The opposing party shall have 10
days after service to submit its
opposition. The petition
for review shall be accompanied by a copy of the
proceedings before the circuit court, including the original papers and the
circuit court's order respecting the injunction, and a copy of the order of the
judge of the Court of Appeals from which review is sought. The justice may take
such action thereon as he considers appropriate under the circumstances of the
case.