Hicks Crandall Juhl congratulates Haley Heston on her first appellate success!
Attorney Haley Heston at Hicks Crandall Juhl PC achieved a significant appellate victory in a family law case before the Virginia Court of Appeals.
On April 21, 2022, the Fairfax Circuit Court issued a pendente lite order, requiring Maeng John Choi to pay retroactive spousal and child support, along with arrears. On April 27, 2022, an amendment to Code § 17.1 405 allowed Choi to appeal this order to the Virginia Court of Appeals. Choi filed his notice of appeal on May 13, 2022. During the appeal's pendency, the Virginia General Assembly passed another amendment to Code § 17.1 405 prohibiting the Court of Appeals from hearing interlocutory appeals in divorce, custody, support, or other domestic relations matters.
The central question before the Court of Appeals was whether a jurisdiction-stripping statute could be applied retroactively to appeals initiated before its enactment. The Court held that jurisdiction-stripping statutes are procedural and apply to cases pending at the time of their enactment. On August 1, 2023, Choi’s appeal was dismissed for lack of subject matter jurisdiction. [1]
This ruling clarifies the application of jurisdiction-stripping statutes and their procedural nature - emphasizing that jurisdiction primarily pertains to the appellate court’s authority rather than the parties' rights or obligations.
At Hicks Crandall Juhl PC, we take pride in our attorneys' successes, and we applaud Haley Heston for her achievement. Her commitment to family law and her dedication to meeting her clients' needs are evident in every case she handles.
If you or someone you know requires legal assistance in Family Law matters, we encourage you to reach out to our firm. Congratulations to Haley for this achievement!
If you would like assistance in navigating spousal or child support obligations, feel free to reach out to our Fairfax office at 703-691-4848, or simply use our online inquiry form to get in touch with us today.
[1] Choi v. Choi, Record No. 0727-22-4 (Va. Ct. App. Aug. 1, 2023)