COURT OF APPEALS OF VIRGINIA 

Present: Judges Bumgardner, Humphreys and Senior Judge Hodges 

DAVID B. BOSTWICK 

 MEMORANDUM OPINION*

v. Record Nos. 2203-01-4, 2204-01-4 PER CURIAM 

 and 2205-01-4 JANUARY 29, 2002 

KELLY J. WOODS 

FROM THE CIRCUIT COURT OF LOUDOUN COUNTY 

James H. Chamblin, Judge 

 (David B. Bostwick, pro se, on brief). 

 No brief for appellee. 

 David B. Bostwick (father) appeals the decision of the 

circuit court granting Kelly J. Woods' (mother) motion to dismiss 

his appeal of a juvenile and domestic relations district court's 

(juvenile court) order. The juvenile court denied his petition to 

modify child support, established an amount of arrearages he owed 

mother, and awarded mother attorney's fees. On appeal, father 

contends the circuit court erred by dismissing his appeal because 

he failed to timely post his appeal bond pursuant to Code 

§ 16.1-296. He argues his appeal from the order concerning 

modification of child support and the award of attorney's fees did 

not require the posting of an appeal bond. Upon reviewing the 

record and opening brief, we conclude that these appeals are 

 

* Pursuant to Code § 17.1-413, this opinion is not 

designated for publication.
without merit. Accordingly, we summarily affirm the decision of 

the trial court. See Rule 5A:27. 

 On appeal, we view the evidence and all reasonable 

inferences in the light most favorable to appellee as the party 

prevailing below. See McGuire v. McGuire, 10 Va. App. 248, 250, 

391 S.E.2d 344, 346 (1990). 

Procedural Background

 Amanda Bostwick was born to father and mother on October 24, 

1993 in California. A California court subsequently awarded 

mother custody and child support. The parties moved to Virginia 

in 2000, and mother registered the California custody and child 

support orders in the juvenile court. Father then moved the court 

to modify the child support payments he was making to mother. 

Mother moved the court for a show cause order to establish the 

amount of arrearages owed her by father. In a May 16, 2001 order, 

the court granted mother's motion to strike father's petition, 

determined the amount of arrearages, and awarded mother attorney's 

fees. 

 On May 25, 2001, father appealed the court's ruling to the 

circuit court. The juvenile court set an appeal bond in the 

amount of $10,000. Father failed to post the bond within the time 

period set by Code § 16.1-296, and the circuit court dismissed his 

appeal for that reason. 

 A written statement of facts is in the record; but, because 

it has not been signed by the trial judge, we will not consider 

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it. However, we find it is not indispensable for a disposition 

of the issues.1

Analysis

 Father contends the circuit court erroneously dismissed his 

appeal regarding the juvenile court's denial of child support 

modification and its award of attorney's fees. He reasons that 

he was not required to post an appeal bond under Code 

§ 16.1-296(H) for the portions of his appeal not addressing the 

juvenile court's establishment of a support arrearage. 

 Code § 16.1-296(H) provides, in pertinent part: 

 In cases involving support, no appeal 

shall be allowed until the party applying 

for the same or someone for him gives bond, 

in an amount and with sufficient surety 

approved by the judge or by his clerk if 

there is one, to abide by such judgment as 

may be rendered on appeal if the appeal is 

perfected or, if not perfected, then to 

satisfy the judgment of the court in which 

it was rendered. 

Father appealed from the juvenile court's May 16, 2001 order, 

which included the establishment of arrearages as well as the 

award of attorney's fees and denial of his motion for child 

support modification. 

 An appeal from a court not of record is 

tried de novo. See Code §§ 16.1-106, 

16.1-113; Copperthite Pie Corp. v. 

Whitehurst, 157 Va. 480, 488, 162 S.E. 189, 

191 (1932) (citing Southern Ry. Co. v. Hill, 

106 Va. 501, 505, 56 S.E. 278, 280 (1907)); 

see also Hailey v. Dorsey, 580 F.2d 112, 114 

 1

 We therefore find it unnecessary to address mother's 

motions to dismiss. 

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(4th Cir. 1978), cert. denied, 440 U.S. 937 

(1979). Such an appeal transfers the entire

record to the circuit court for retrial as 

though the case had been originally brought

there. See Addison v. Salyer, 185 Va. 644, 

650, 40 S.E.2d 260, 263 (1946). Upon 

transfer, the order and judgment of the 

lower court are annulled. See Ragan v. 

Woodcroft Village Apts., 255 Va. 322, 327, 

497 S.E.2d 740, 742 (1998) (citing 

Nationwide Mut. Ins. Co. v. Tuttle, 208 Va. 

28, 32, 155 S.E.2d 358, 361 (1967)). 

 It follows that because no case or 

judgment exists in the lower court, and 

because the circuit court upon appeal acts 

as the tribunal of original jurisdiction, it 

must address and dispose of all issues 

raised by the petitioner in the lower court. 

Mahoney v. Mahoney, 34 Va. App. 63, 66-67, 537 S.E.2d 626, 628 

(2000). Consequently, "the circuit court must decide . . . the 

issue of arrearages, because no judgment on arrearages exists 

once the matter is appealed from the lower tribunal." Id. As 

such, father's failure to post bond under Code § 16.1-296(H) was 

fatal to his appeal. Accordingly, we summarily affirm the 

decision of the trial court. See Rule 5A:27. 

 Affirmed. 

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