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Citizens Bank & Trust Co. v. Crewe Factory Sales Corp.
Citations: 254 Va. 355; 492 S.E.2d 826; 1997 Va. LEXIS 105Docket: Record No. 970223; Circuit Court No. CL96-7
Court: Supreme Court of Virginia; October 3, 1997; Virginia; State Supreme Court
The Court determined that the appeal was improperly granted after reviewing the case record, briefs, oral arguments, and responses to procedural inquiries. Three days post-judgment, the appellant's counsel voluntarily sent a check for the full judgment amount to the appellee's counsel, which constituted payment in satisfaction of the trial court's judgment before any execution proceedings were initiated. Citing Carlucci v. Duck’s Real Estate, Inc., the Court ruled that voluntary payment of a judgment negates the right to appeal. Consequently, the appeal is dismissed. The order will be certified to the circuit court and published in the Virginia Reports. Signed by David B. Beach, Clerk.