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BURNS v. C.W. WRIGHT CONST. CO., INC.

Record No. 0257-85.

336 S.E.2d 908 (1985)

Jerry Melvin BURNS v. C.W. WRIGHT CONSTRUCTION CO., INC.

Court of Appeals of Virginia.

Decided December 3, 1985.

Attorney(s) appearing for the Case

Stuart C. Sullivan, III (Franklin, Franklin, Denney & Heatwole) Waynesboro, for appellant.

James C. Joyce, Jr. (Gentry, Locke, Rakes & Moore) Roanoke, for appellee.

Present: KOONTZ, JOSEPH E. BAKER, and MOON, JJ.

MOON, Judge.

We are asked to decide whether Jerry Melvin Burns' appeal from a decision of the Industrial Commission must be dismissed because he failed to file the appeal bond required by Code § 8.01-676.1 and Rule 5A:17. We hold that the appeal must be dismissed.

Code § 8.01-676.1(A) provides: "A party filing a notice of an appeal of right to the Court of Appeals shall simultaneously file an appeal bond in the penalty of $500." The bond must be...

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