When any judgment is affirmed, whether in whole or in part, damages shall be awarded to the appellee on the portion of the judgment affirmed. When the judgment is for the payment of money, the damages shall be the interest to which the party is legally entitled, as provided in § 6.2-302 or any other provision of law, from the date of filing the notice of appeal until the date the appellate court issues its mandate. Such interest shall be computed upon the whole amount of the recovery affirmed, including interest and costs, and such damages shall be in satisfaction of all interest during such period of time. When the judgment is not for the payment of any money, except costs, the damages shall be such specific sum as the appellate court may deem reasonable, not being more than $2,500 nor less than $150.
§ 8.01-682.What damages awarded appellee.
Chapter 26.2. Appeals Generally · Article 3. Limitations; Hearing and Decision · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-682 awards the appellee damages whenever a judgment is affirmed — interest on a money judgment running from the notice of appeal to the mandate, or, for a non-money judgment, a specific sum the appellate court sets between $150 and $2,500.
Full Text of § 8.01-682
Plain-English Summary
Section 8.01-682 compensates the appellee for the time an affirmed judgment sat unenforced during the appeal. Whenever a judgment is affirmed, whether in whole or in part, damages are awarded to the appellee on the portion of the judgment affirmed.
For a money judgment, those damages take the form of interest at the rate the party is legally entitled to under § 6.2-302 or any other applicable provision of law, running from the date the notice of appeal was filed until the date the appellate court issues its mandate. That interest is computed on the whole amount of the recovery affirmed, including any interest and costs already folded into it, and it satisfies all interest for that period.
When the judgment is not for the payment of money, except costs, the appellate court instead sets a specific damages sum it deems reasonable — not more than $2,500, and not less than $150.
Frequently Asked Questions
What does the appellee get if the appellate court affirms a money judgment?
Interest on the affirmed recovery, computed at the legally applicable rate from the date the notice of appeal was filed until the appellate court issues its mandate.
What if the judgment is not for the payment of money?
The appellate court awards a specific sum it deems reasonable, not more than $2,500 nor less than $150.
Is the interest computed only on the principal, or on the whole recovery?
On the whole amount of the recovery affirmed, including interest and costs, and it is in satisfaction of all interest during that period.
What if only part of the judgment is affirmed?
Damages are awarded on the portion of the judgment that was affirmed.
What rate governs the interest calculation on an affirmed money judgment?
The rate to which the party is legally entitled under § 6.2-302 or any other applicable provision of law.
Amendment History
Code 1950, § 8-495; 1977, c. 617; 1984, c. 703; 2010, c. 343; 2012, c. 58; 2016, c. 178; 2019, c. 134.
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
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