Tuesday, April 13, 2004

Circuit court erred in dismissing appeal where body of petition named agency

In proceedings under the Virginia Administrative Procedure statutes, the Court of Appeals held in William Steel Erection Co., Inc. v. Department of Labor and Safety that the Circuit Court erred in dismissing the employer's appeal and denying its motion to amend, where the petition for appeal under Rule 2A:4 did not name the right party in the caption but mentioned it in the body of the petition.

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