Narrative Opinion Summary
The Virginia Employment Commission appealed a Circuit Court judgment that reversed its denial of unemployment compensation to Donna S. Gantt. Initially, a panel of the court reversed the trial court's decision, affirming the Commission's denial. Following a petition, Gantt was granted a rehearing en banc. The en banc court reviewed the record, briefs, and heard oral arguments. It adopted the panel's opinion as the court's opinion en banc, reversed the trial court's judgment, and remanded the case for further proceedings consistent with this decision. Chief Judge Koontz and Judges Baker, Duff, Keenan, and Moon concurred, while Judge Coleman, joined by Judge Benton, dissented for reasons stated in his dissent from the panel decision.
Legal Issues Addressed
Dissent in Appellate Decisionssubscribe to see similar legal issues
Application: The dissenting opinion highlights the presence of judicial disagreement within appellate decisions, indicating that not all judges agreed with the majority decision to reverse the trial court's judgment.
Reasoning: Judge Coleman, joined by Judge Benton, dissented for reasons stated in his dissent from the panel decision.
En Banc Review and Adoption of Panel Opinionssubscribe to see similar legal issues
Application: The en banc court adopted the opinion of the original panel, illustrating the process by which an appellate court sitting en banc can affirm panel decisions and make them the decision of the full court.
Reasoning: It adopted the panel's opinion as the court's opinion en banc, reversed the trial court's judgment, and remanded the case for further proceedings consistent with this decision.
Reversal of Trial Court Judgmentssubscribe to see similar legal issues
Application: The Circuit Court's judgment reversing the denial of unemployment compensation was itself reversed by the appellate court, demonstrating the appellate court's authority to overturn lower court decisions.
Reasoning: The Virginia Employment Commission appealed a Circuit Court judgment that reversed its denial of unemployment compensation to Donna S. Gantt.