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A Virginia Appellate Law Blog

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Emmert and Martingayle on the Successful-Appellant Trap

By Jay O'Keeffe on August 21, 2011
Posted in Preservation of Error

I’m always on the lookout for new ways to lose an appeal.

Steve Emmert and Kevin Martingayle showed me one in their recent webinar, Preventing Nightmares: Preserving Issues and Avoiding Waiver.

They call it the “successful-appellant trap,” and it’s based on the Supreme Court of Virginia’s recent holding in VMRC v. Clark, 281…

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