After the dismissal of an appeal by the Supreme Court, no other appeal shall be allowed to or from the same judgment. When an appeal is dismissed by reason of the nonpayment of the writ tax within the time required by law, the Court at its first session after such dismissal may on motion of any party for good cause shown and upon payment of such tax set aside the dismissal; and thereupon the appeal may be perfected as though no such dismissal had taken place. A motion under this section shall be made only after reasonable notice to the adverse party or his counsel.
§ 8.01-675.1.When dismissal final; when reinstated.
Chapter 26. Appeals to the Supreme Court · Article 4. The Petition · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-675.1 makes a Supreme Court dismissal of an appeal final and bars a second appeal from the same judgment, except that a dismissal caused only by nonpayment of the writ tax may be set aside at the Court’s next session on a good-cause motion, notice to the other side, and payment of the tax.
Full Text of § 8.01-675.1
Plain-English Summary
Once the Supreme Court dismisses an appeal, Section 8.01-675.1 treats that as the end of the road: no other appeal is allowed to or from the same judgment after the dismissal.
There is one narrow way back. If the dismissal happened because the writ tax was not paid within the time required by law, the Court, at its first session after the dismissal, may set the dismissal aside on motion of any party for good cause shown and upon payment of the tax. Once that happens, the appeal may be perfected as though the dismissal never took place. That motion, though, cannot be made without reasonable notice to the adverse party or his counsel first.
Frequently Asked Questions
If the Supreme Court dismisses my appeal, can I appeal the same judgment again?
No. After the dismissal, no other appeal is allowed to or from the same judgment.
Is there any way to undo a dismissal of my appeal?
Yes, but only if the dismissal was for nonpayment of the writ tax within the time required by law — the Court may set that dismissal aside at its first session after the dismissal.
What do I need to show to have that dismissal set aside?
Good cause, shown on motion, along with payment of the writ tax.
Do I have to notify the other side before making this motion?
Yes. The motion may be made only after reasonable notice to the adverse party or his counsel.
What happens once the dismissal is set aside?
The appeal may then be perfected as though no such dismissal had taken place.
Amendment History
1984, c. 703.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia appeal dismissed writ tax nonpaymentreinstate dismissed appeal virginia supreme court8.01-675.1 dismissal finalset aside dismissal virginia appeal