Annual Survey of Virginia Law: Civil Practice and Procedure

In Burroughs v. Palumbo, defendant was served with process through the Secretary of the Commonwealth. The grounds of defense was due to be filed on September 22, 1994. On September 29, 1994, defendant filed the notice of removal in federal court. On September 30, 1994, the state court entered default judgment against defendant.

Later that same day, defendant filed the notice of removal with the state court. Between the time that defendant filed the notice of removal in federal court and the time that he filed it with the state court, both courts had jurisdiction over the case; therefore the default judgment was valid. The federal court set aside the default judgment, however, on the grounds that defendant was out of town when process reached his home and that he did not return until September 23, 1994.