Jeffrey S. Compton v. Virginia Department of Corrections ( 2005 )

COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, Felton and McClanahan Argued at Salem, Virginia JEFFREY S. COMPTON MEMORANDUM OPINION* BY v. Record No. 1094-05-3 JUDGE ROBERT J. HUMPHREYS DECEMBER 20, 2005 VIRGINIA DEPARTMENT OF CORRECTIONS FROM THE CIRCUIT COURT OF WISE COUNTY John C. Kilgore, Judge Timothy W. McAfee for appellant. Banci E. Tewolde (Joel C. Hoppe, Assistant Attorney General, on brief), for appellee. Appellant Jeffrey Compton (“Compton”) appeals from an order of the circuit court reversing his termination for cause, re-instating his employment with appellee Virginia Department of Corrections (“VDOC”), and ordering VDOC to reimburse Compton for lost wages and benefits retroactive to August 26, 2004. Compton’s sole contention on appeal is that the circuit court incorrectly ordered lost wages dating to August 26, 2004—the date of the hearing officer’s decision upholding Compton’s termination—rather than May 4, 2004, the date Compton received notice of his termination. On appeal, VDOC concedes “that the Circuit Court erroneously determined the date of Compton’s back pay,” and agrees that, if this Court upholds the decision of the circuit court, “the date of his back pay would be the date of his termination, May 4, 2004.” However, for the * Pursuant to Code § 17.1-413, this opinion is not designated for publication. Moreover, as this opinion has no precedential value, we recite only those facts necessary to our holding. reasons set forth in Virginia Department of Corrections v. Compton, ___ Va. App. ___, ___ S.E.2d ___ (2005) (this day decided), we reverse the circuit court’s order of re-instatement. Because the circuit court’s order has been reversed, this appeal is rendered moot. Accordingly, we dismiss the appeal. Dismissed. -2-