Davis v. County of Fairfax, 710 S.E.2d 466

County filed former Code § 3.1-796.115 petition in GDC seeking a finding of unfit pet owner; general district court ruled Davis unfit and she appealed to circuit court.
Circuit court granted County a nonsuit in the de novo appeal; County later re-filed the petition in the GDC the same day.
GDC dismissed the re-filed petition for lack of jurisdiction; County appealed to the circuit court seeking de novo review.
Circuit court retained appellate jurisdiction after the de novo appeal, but County did not re-file in the proper forum as required by law; GDC’s lack of jurisdiction rendered the appellate proceedings improper.
Virginia Supreme Court ultimately held that the appellate court erred in affirming and reversed in Davis’s favor, overruling conflicting precedent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court had subject matter jurisdiction after the nonsuit	Davis: circuit court retains jurisdiction to nullify prior proceedings.	County: circuit court retains jurisdiction to adjudicate de novo appeal and its consequences.	No; circuit lacked jurisdiction to decide re-filed case on merits.
Whether the County could re-file in the general district court after a circuit court nonsuit	Davis: re-filing must occur in circuit court if nonsuit is granted.	County: re-filing in GDC was permissible if the circuit court retained jurisdiction.	Re-file in GDC improper; must re-file in circuit court unless jurisdiction otherwise lacking.
Whether the circuit court’s appellate jurisdiction was derivative and could be invoked after GDC dismissed for lack of jurisdiction	Davis: derivative appellate jurisdiction fails if GDC had no jurisdiction.	County: circuit court can review de novo, notwithstanding GDC dismissal.	Appellate jurisdiction is derivative; if GDC lacked jurisdiction, appellate court lacks jurisdiction to decide merits.

Stacy v. Mullins, 185 Va. 837, 40 S.E.2d 265 (1946) (derivative appellate jurisdiction applies when lower court lacks subject-matter jurisdiction)
Addison v. Salyer, 185 Va. 644, 40 S.E.2d 260 (1946) (derivative jurisdiction principle and appellate continuance)
Hoffman v. Stuart, 188 Va. 785, 51 S.E.2d 239 (1949) (reiteration that appellate jurisdiction is derivative of lower court's jurisdiction)
Lewis v. Culpeper County Dept. of Social Services, 50 Va.App. 160, 647 S.E.2d 511 (2007) (attempt to reconcile de novo review and nonsuit outcomes (court of appeals precedent))
Davis v. County of Fairfax, - (2008-2011) (cited as prior related decision on jurisdiction and transfer, no official reporter)