Rule 5A:8(b) was amended effective March 15, 1997. The Rule, as amended, provides that an appellant's failure to timely file a notice with the clerk of the trial court that a transcript has been filed is not a ground for dismissal of an appeal unless an appellee can show material prejudice as a result of appellant's failure. "For purposes of this Rule [5A:8], material prejudice includes preventing the appellee from raising legitimate objections to the contents of the transcript...
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