In Rose v. Jaques, the Virginia Supreme Court in an opinion by Justice Agee held that the defendant got extra time for its notice of appeal under Va. Code 8.01-428(c), where the defendant claimed lack of notice. One of the factors the defendant argued in support of its diligence was that its counsel regularly checked the circuit's website online.
Section 8.01-428(c) provides:
"Failure to notify party or counsel of final order. - If counsel, or a party not represented by counsel, who is not in default in a circuit court is not notified by any means of the entry of a final order and the circuit court is satisfied that such lack of notice (i) did not result from a failure to exercise due diligence on the part of that party and (ii) denied that party an opportunity to file an appeal therefrom, the circuit court may, within sixty days of the entry of such order, grant the party leave to appeal. The computation of time for noting and perfecting an appeal shall run from the entry of such order, and such order shall have no other effect."
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