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Home Improve. Special. v. Brown

Court of Appeals of Virginia, Salem
Oct 17, 2006
Record No. 0124-06-3 (Va. Ct. App. Oct. 17, 2006)

Opinion

Record No. 0124-06-3.

October 17, 2006.

Appeal from the Virginia Workers' Compensation Commission.

Richard A. Hobson for appellants.

(A. Thomas Lane, Jr., on brief), for appellee. Appellee submitting on brief.

Present: Chief Judge Felton, Judge Petty and Senior Judge Coleman.


MEMORANDUM OPINION

Pursuant to Code § 17.1-413, this opinion is not designated for publication.


The Court of Appeals has appellate jurisdiction over final decisions of the Virginia Workers' Compensation Commission and interlocutory orders involving injunctions or "adjudicating the principles of a cause." Code § 17.1-405. Appellants challenge a discovery order issued by the commission. For the reasons stated in Jewell Ridge Coal Corp. v. Henderson, 229 Va. 266, 329 S.E.2d 48 (1985), and Green v. Keil Plumbing Heating, Inc., 42 Va. App. 539, 593 S.E.2d 525 (2004), we hold the discovery order is not a final order from which an appeal may be taken. Furthermore, the order does not adjudicate the principles of a cause. The order is interlocutory, is not determinative of the controversy, and does not address the merits of the case. See, e.g., Polumbo v. Polumbo, 13 Va. App. 306, 411 S.E.2d 229 (1991).

Accordingly, we dismiss the appeal without prejudice.

Dismissed.


Summaries of

Home Improve. Special. v. Brown

Court of Appeals of Virginia, Salem
Oct 17, 2006
Record No. 0124-06-3 (Va. Ct. App. Oct. 17, 2006)
Case details for

Home Improve. Special. v. Brown

Case Details

Full title:HOME IMPROVEMENT SPECIALIST AND WCAMC CONTRACTOR'S GROUP SELF-INSURANCE…

Court:Court of Appeals of Virginia, Salem

Date published: Oct 17, 2006

Citations

Record No. 0124-06-3 (Va. Ct. App. Oct. 17, 2006)