BENDELE EX REL. BENDELE v. COM.

Record No. 1219-98-4.

512 S.E.2d 827 (1999)

29 Va. App. 395

Leah BENDELE, an Infant, By Her Next Friends and Parents, Bruce and Barbara BENDELE v. COMMONWEALTH of Virginia, DEPARTMENT OF MEDICAL ASSISTANCE SERVICES.

Court of Appeals of Virginia, Alexandria.

March 30, 1999.


Attorney(s) appearing for the Case

Daniel B. Streich, Clifton, for appellant.

Brian M. McCormick, Special Counsel (Mark L. Earley, Attorney General; Ashley L. Taylor, Jr., Deputy Attorney General; Siran S. Faulders, Senior Assistant Attorney General, on brief), for appellee.

Present: ANNUNZIATA and BUMGARDNER, JJ., and HODGES, Senior Judge.


BUMGARDNER, Judge.

Leah Bendele appealed to the circuit court an adverse ruling by the Department of Medical Assistance Services. The circuit court dismissed the appeal because Bendele did not give the agency sufficient notice of her filing of the petition for appeal. Bendele argues that the trial court erred when it held that mailing a copy of the petition for appeal to the agency did not satisfy the notice requirements...

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