Issue: Whether a court may proceed with a case after the controversy with litigants ceases to exist in the state of Virginia.
Area of Law:
Litigation & Procedure
Controversy; Cease to exist; Litigants
The law is clear that, “[w]henever it appears or is made to appear that there is no actual controversy between the litigants, or that, if it once existed it has ceased to do so, it is the duty of every judicial tribunal not to proceed to the formal determination of the apparent controversy, but to dismiss the case.” E.C. v. Virginia Dept. of Juvenile Justice,722 S.E.2d 827, 831 (Va. 2012).
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