Damtew v. Jeng

A defendant could not appeal from an adverse auto crash judgment in the general district court because he failed to post bond or prove indemnity by his insurer.

To qualify for the bond exception under Code §16.1-107, the defendant had to provide “written irrevocable confirmation of coverage” in the amount of the judgment. In this case, he provided   an uncorroborated document from the auto maker, which isn’t in the business of insuring drivers and identified a different company as the defendant’s insurer. It’s not the court’s duty to investigate the internal policies and agreements that form the relationship between the companies and the defendant. Rather, the burden is on the defendant to provide irrevocable confirmation, in writing, and within the statutory appeal period, that assures the court that the appellee will receive the full amount of the judgment if the court rules in her favor on appeal.

Contrary to the defendant’s argument, a letter authored by the “wrong party” is not a minute error. It precludes the court from exercising jurisdiction over the case.

Motion to dismiss appeal granted.

Damtew v. Jeng, No. CL18-10588, Jan. 24, 2019. Fairfax (Smith).

Categories: Opinions, Virginia Circuit Courts

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