Domestic Relations – Husband’s Mortgage Payments – Wife’s Cohabitation 
By Deborah Elkins
Published: April 28, 2008
Although the parties’ agreement stated that husband’s continued mortgage payments would be “in the nature of support” for wife and would not be dischargeable in bankruptcy, the agreement was ambiguous as to husband’s continued obligation in the face of wife’s cohabitation, and the trial court did not err in interpreting the agreement to terminate husband’s [...]
Domestic Relations – Equitable Distribution – Hybrid Marital Home
By Deborah Elkins
Published: April 28, 2008
A divorce court did not err in classifying as hybrid property the marital home, which husband had owned prior to the parties’ 1997 marriage but mortgage payments were made with marital funds, and in awarding wife $32,000 for her share of the house.
The parties were married for eight years, during which time both parties made [...]
Criminal – Protective Order Violation – Proof Of Notice
By Deborah Elkins
Published: April 28, 2008
A wife’s misdemeanor conviction for violation of a protective order by knocking on husband’s door and sitting in her car in his driveway, after she was ordered to stay at least one-quarter mile from his home, is reversed.
Wife contends the commonwealth did not prove that she had notice of the protective order terms.
The jury was [...]
Criminal – Indictment Nolle Prosequi – ‘Good Cause’ – Preliminary Hearing Avoidance
By Deborah Elkins
Published: April 28, 2008
A trial court should have dismissed the direct indictment of a defendant who previously was arrested on a warrant for DUI and felony assault upon an officer, as defendant’s later indictment violated her statutory right to a preliminary hearing pursuant to Va. Code § 19.2-218.
Defendant was arrested on a warrant before her direct indictment in [...]
Administrative – Nursing Home Beds Transfer – Standing – ‘Good Cause’
By Deborah Elkins
Published: April 28, 2008
Assuming appellant nursing homes have standing to challenge the constitutionality of “the Relocation Act,” 2005 Va. Acts ch. 99, the Court of Appeals holds that the Act cannot be judicially vacated as an unconstitutional special law.
Appellants are five nursing homes who claim the Virginia Department of Health should not have granted a request by a [...]
Rock thrown by playmate damages 7-year-old’s eye
By Virginia Lawyers Weekly
Published: April 28, 2008
$300,000 Settlement
Plaintiff, a 7-year-old boy, was playing with several other children by a creek near his home in Colonial Heights. Defendant, a 13-year-old boy, threw a rock that struck plaintiff in the left eye.
Plaintiff suffered a left orbit fracture and a concussion and sustained a permanent decrease in vision in his left eye as [...]
Domestic Relations – Bankruptcy Discharge – Attorney’s Fees
By Deborah Elkins
Published: April 28, 2008
A husband’s debt of attorney’s fees to wife in her proceeding against husband for violations of a court visitation order cannot be discharged in husband’s bankruptcy, because the fee award to wife is “in the nature of child support.”
When the parties divorced in 2004, wife won sole legal and primary physical custody of the parties’ [...]
Cop breaks suspect’s arm during arrest at bar – $350,000 Verdict + interest
By Virginia Lawyers Weekly
Published: April 28, 2008
The plaintiff called 911 after witnessing what he thought was an assault in a bar on Jan. 1, 2006. The defendant police officer arrived and refused to talk to the plaintiff or his friend. After speaking to the bartender, he came out and placed the plaintiff under arrest. When the plaintiff tried to explain to [...]
Civil Procedure – Default Judgment – Appellate Record
By Deborah Elkins
Published: April 28, 2008
A circuit court’s default judgment awarding plaintiff Edward Rabideau $1.45 million in damages against defendant Prince Seating Corporation, a New York company, is upheld on appeal.
Prince Seating moved to set aside the default judgment and averred that it was located at a different address than the address at which plaintiff effected service through the Secretary [...]
Search & Seizure – Folded Dollar Bill – Probable Cause
By Deborah Elkins
Published: April 28, 2008
Police did not have probable cause to investigate the folded-up dollar bill in a juvenile defendant’s wallet, and the trial court did not err in denying defendant’s motion to suppress.
Defendant contends the circuit court erred because it did not reverse the circuit court’s refusal to sustain his motion to suppress seizure of the folded dollar [...]
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