Afzall ex rel. Afzall v. Commonwealth

Summary

The Virginia Supreme Court considered whether sovereign immunity barred a declaratory judgment action challenging the Commonwealth's Medicaid lien under Code § 8.01-66.9. The court held that the statute did not expressly waive sovereign immunity for such an action and that the trial court lacked subject matter jurisdiction. The appeal was dismissed, and final judgment was entered for the Commonwealth.

Holdings

1. The Commonwealth may raise sovereign immunity for the first time on appeal because, when applicable, sovereign immunity deprives the court of subject matter jurisdiction.
2. Code § 8.01-66.9 does not expressly waive the Commonwealth's sovereign immunity or authorize a declaratory judgment action seeking judicial review of action taken under the statute.
3. The trial court lacked subject matter jurisdiction because sovereign immunity barred the declaratory judgment action against the Commonwealth.

Questions Presented

1. Whether the Commonwealth could raise sovereign immunity for the first time on appeal.
2. Whether Code § 8.01-66.9 expressly waived the Commonwealth's sovereign immunity and authorized a declaratory judgment action seeking judicial review of the Commonwealth's Medicaid lien.
3. Whether the trial court had subject matter jurisdiction to adjudicate Adam Afzall's declaratory judgment claim.

Disposition

dismissed