DEPARTMENT OF MED. v. BEVERLY HEALTHCARE

Record No. 032313.

601 S.E.2d 604 (2004)

268 Va. 278

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES v. BEVERLY HEALTHCARE OF FREDERICKSBURG, et al.

Supreme Court of Virginia.

September 17, 2004.


Attorney(s) appearing for the Case

Paige S. Fitzgerald, Special Counsel to DMAS (Jerry W. Kilgore, Attorney General; Kim F. Piner, Senior Assistant Attorney General, on briefs), for appellant.

Dominic Madigan (Thomas W. McCandlish Holton, on brief), Richmond, for appellees.

Present: All the Justices.


OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether Code § 2.2-4030, which provides in subsection (A) that an award of attorneys' fees "shall not exceed $25,000" in a civil case successfully contesting the action of an agency of the Commonwealth, permits parties whose claims are combined in a single action by operation of Rule 2A:3(b) to recover individual awards of attorneys' fees up to the statutory maximum. We also consider whether...

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