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RUSSELL v. VIRGINIA BD. OF AGRICULTURE

Record No. 2443-10-2.

717 S.E.2d 413 (2011)

59 Va. App. 86

Wayne Allen RUSSELL, Administrator of the Estate of Kathryn O'Neil Russell v. VIRGINIA BOARD OF AGRICULTURE AND CONSUMER SERVICES.

Court of Appeals of Virginia, Richmond.

November 22, 2011.

Attorney(s) appearing for the Case

Norman Hunter Lamson , Charlottesville, for appellant.

Stephen P. Jack , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: HUMPHREYS and BEALES, JJ., and CLEMENTS, S.J.

HUMPHREYS, Judge.

Wayne Allen Russell, on behalf of the estate of Kathryn O'Neil Russell ("Russell"), appeals the decision of the circuit court to grant the Virginia Board of Agriculture and Consumer Services' ("Board") motion to dismiss for failure to timely file a notice of appeal pursuant to Rule 2A:2 of the Supreme Court of Virginia. In addition to asking this Court to consider assignments of error on the part of the Board that were never reviewed by the circuit...

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