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AVERY v. COM., DEPT. OF SOCIAL SERVICES

Record No. 0221-95-3.

472 S.E.2d 675 (1996)

22 Va. App. 698

Elbert L. AVERY, Jr. v. COMMONWEALTH of Virginia, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, ex rel. Kimberly R. CLARK.

Court of Appeals of Virginia, Salem.

July 16, 1996.

Attorney(s) appearing for the Case

James J. Angel, Lynchburg, for appellant.

Jack A. Maxwell, Special Counsel (Betsy S. Elliott, Senior Special Counsel; James S. Gilmore, III, Attorney General; William H. Hurd, Deputy Attorney General; Siran S. Faulders, Senior Assistant Attorney General; Robert B. Cousins, Jr., Senior Assistant Attorney General, on brief), for appellee.

Present: MOON, C.J., and BENTON and COLEMAN, JJ.

BENTON, Judge.

Elbert L. Avery, Jr. appeals from the trial judge's refusal to hear his appeal from a final order of the juvenile and domestic relations court adjudging him guilty of contempt and assessing a support arrearage. Avery alleges that the trial judge erred in finding that because Avery failed to file an appeal bond the circuit court lacked jurisdiction to consider the contempt issue. We agree and reverse the order.

The record establishes that in...

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