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State court of last resort · ST-VA-SC
Everett v. Tawes
No. 181238Supreme Court of Virginia
181238 Everett v. Tawes 10/31/2019 A circuit court has equitable power to retroactively correct errors in interlocutory and temporary orders while it retains jurisdiction over the case. In a divorce proceeding…
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181238 Everett v. Tawes 10/31/2019 A circuit court has equitable power to retroactively correct errors in interlocutory and tempo…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Oct 31, 2019
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181238 Everett v. Tawes 10/31/2019 A circuit court has equitable power to retroactively correct errors in interlocutory and temporary orders while it retains jurisdiction over the case. In a divorce proceeding, the circuit court had discretion -- under Virginia statutory provisions -- to modify a pendente lite spousal support order, and its decision to not reconsider the amount of pendente lite spousal support and resulting arrearage was apparently influenced by a mistake of law regarding its authority to retroactively modify the amount of spousal support and arrearage awarded in the pendente lite order. Thus, the circuit court abused its discretion in refusing to reconsider modifying the p…
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