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Ortiz v. Forde

Court of Appeals of Virginia. Alexandria
Jun 8, 1993
Record No. 0584-92-4 (Va. Ct. App. Jun. 8, 1993)

Opinion

Record No. 0584-92-4

June 8, 1993

FROM THE FAMILY COURT OF THE CITY OF ALEXANDRIA JOSEPH PETERS, JUDGE.

Isaias Ortiz, pro se.

Cary S. Greenberg, for appellee.

Present: Judges Barrow, Willis and Fitzpatrick.

Argued at Alexandria, Virginia.


MEMORANDUM OPINION

Pursuant to Code § 17-116.010 this opinion is not designated for publication.


The parties were divorced in Florida on May 29, 1987. By consent order entered February 8, 1989, the Circuit Court of the City of Alexandria required Ortiz to pay $800 per month child support and transferred the case to the Alexandria Juvenile and Domestic Relations District Court for enforcement of that order. This transfer was authorized by Code § 20-79(c).

Effective January 1, 1990, for a two year term ending December 31, 1991, the Alexandria Juvenile and Domestic Relations District Court was designated an experimental family court pursuant to Code § 20-96.1(B). In December 1991, Ms. Forde filed in the Family Court of the City of Alexandria a motion for an increase in child support. By order dated February 13, 1992, captioned "IN THE FAMILY COURT FOR THE CITY OF ALEXANDRIA," the trial court denied Ortiz's motion to disqualify counsel for Ms. Forde, and his motion to compel Ms. Forde to answer interrogatories and ordered Ms. Forde to answer subpoena duces tecum request number 16. By order dated February 24, 1992, captioned "Alexandria Juvenile and Domestic Relations District Court," the trial court increased Ortiz's child support obligation to $1,477.80 per month. This appeal addresses the orders of February 13, 1992 and February 24, 1992.

This case is brought pursuant to Code § 17-116.05:5, which provides, in pertinent part:

Any aggrieved party may appeal to the Court of Appeals from:

(1) Any final judgment, order, or decree of an experimental family court designated by the Judicial Council of Virginia pursuant to § 20-96.1 involving:

. . . .

b. Cases originating in the experimental family courts involving the custody, visitation or civil support of a child, or spousal support, or involving the termination of residual parental rights and responsibilities when such cases are heard by a judge sitting as a judge of an experimental family court;

c. Cases in which jurisdiction for enforcement and modification of a decree has been transferred to the experimental family court by a circuit court pursuant to subsection (c) of § 20-79 when such cases are heard by a judge sitting as a judge of an experimental family court.

This case did not originate in the experimental family court. It originated in the circuit court upon entry of the February 8, 1989 consent order. Subsection (b) of Code § 17-116.05:5(1) does not apply.

The circuit court transferred this case pursuant to Code § 20-79(c), to the Alexandria Juvenile and Domestic Relations District Court, not to the experimental family court which, at that time, did not exist. While the juvenile and domestic relations district court served for a two year term as the experimental family court, no judicial action was taken with respect to this case within that time. When the orders addressed by this appeal were entered, the trial court had lost its experimental family court status and had returned to its normal designation and function as the Alexandria Juvenile and Domestic Relations District Court. The judge, who was not a designated family court judge, sat as judge of the juvenile and domestic relations district court. Therefore, subsection (c) of Code § 17.116.05:5(1) does not apply.

We are without jurisdiction to entertain this appeal. See Loudoun County Department of Social Services v. Etzold, ___ Va. ___, 425 S.E.2d 800, 802-03 (1993). For that reason, the appeal is ordered dismissed.

Dismissed.


Summaries of

Ortiz v. Forde

Court of Appeals of Virginia. Alexandria
Jun 8, 1993
Record No. 0584-92-4 (Va. Ct. App. Jun. 8, 1993)
Case details for

Ortiz v. Forde

Case Details

Full title:ISAIAS ORTIZ v. JENNIFER FORDE, A/K/A JENNIFER ORTIZ

Court:Court of Appeals of Virginia. Alexandria

Date published: Jun 8, 1993

Citations

Record No. 0584-92-4 (Va. Ct. App. Jun. 8, 1993)