Citizens Bank & Trust v. Crewe Factory Sales

Citizens Bank & Trust v. Crewe Factory Sales
254 Va. 355 (1997)
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VIRGINIA:
In the Supreme Court of Virginia held at the Supreme Court
Building in the City of Richmond, on Friday, the 3rd day of October,
1997.
Citizens Bank & Trust Company, Appellant,
against Record No. 970223
Circuit Court No. CL96-7
Crewe Factory Sales Corp., Appellee.
Upon an appeal from a judgment rendered by the
Circuit Court of Nottoway County on the 5th day of
November, 1996.
Upon consideration of the record, briefs, oral argument of
counsel on the merits of the appeal, and written responses of
counsel to the Court's query raising a procedural issue, the Court
is of opinion that the appeal was improvidently awarded.
Three days after entry of the judgment appealed from,
appellant's counsel forwarded to appellee's counsel a check in the
full amount of the judgment. This check was sent voluntarily before
any proceedings were instituted to execute on the judgment. It was
forwarded, according to appellant's opening brief, "in satisfaction
of the trial court's judgment."
Voluntary payment of a judgment deprives the payor of the right
of appeal. Carlucci v. Duck's Real Estate, Inc., 220 Va. 164, 166,
257 S.E.2d 763, 765 (1979).
Accordingly, the appeal is dismissed.
This order shall be certified to the said circuit court and
shall be published in the Virginia Reports.
A Copy,
Teste:
David B. Beach,
Clerk
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